Sens. Hatch and Harkin Send Letter to FDA in Anticipation of NDI Guidance
Senators Hatch and Harkin, the principle architects of the Dietary Supplements Health and Education Act (DSHEA) (amending the Federal Food Drug and Cosmetic Act (FDCA)), submitted a letter yesterday to...
View ArticleHas the FTC Replaced Its Old Standard for "Up to" Claims?
The Federal Trade Commission (“FTC”) recently announced five settlements with companies that had made energy savings claims for replacement windows. Those five settlements may change the standard for...
View ArticleRecent Testing On "Up to" Claims: Should Your Company Care What the FTC is Up...
The Federal Trade Commission (“FTC”) recently released the results of a mall-intercept study that sought to investigate how consumers interpret certain “up to” claims. A little context is necessary to...
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Settlement Approved in Neutrogena Naturals Class Action
Marketers of natural personal care products will want to take note of a recent nationwide settlement over marketing and advertising for Neutrogena Naturals. Plaintiffs filed suit in the Northern...
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Breaking Bad Class Action: Is Apple Really Breaking Promises?
The onslaught of consumer class actions against advertisers continues with Apple’s marketing of certain “Season Passes” on iTunes being challenged. Noam Lazebnik, an Ohio physician, filed a complaint...
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FTC Updates Its Media Guide On Weight Loss Claims
In 2003, the FTC issued Red Flag: A Reference Guide for Media on Bogus Weight Loss Claim Detection. The guide was intended to assist media outlets in spotting what the FTC believes to be deceptive...
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FTC Announces Settlement with Makers of “Genetically Customized” Dietary...
The FTC earlier this week announced settlements with two companies that sold “genetically customized” dietary supplements and skin serums through multilevel marketing. According to the FTC,...
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“Natural” Class Action Against Dietary Supplements
Compared to conventional foods, which have been barraged with class action suits over “natural” claims, dietary supplements have not been hard hit. Late last month, however, a plaintiff filed suit...
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The Hits Keep On Coming: New “Natural” Settlements and Filings
Two more food companies have reached settlements over “natural” claims. In a class action suit against Popchips, Inc., plaintiffs alleged that the maker of Popchips snacks misled consumers by labeling...
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Is That Flexibility We See in an FTC Order On Disease Claims?
On May 28, 2014, the FTC announced a settlement with the company that sells Lice Shield shampoos, leave-in sprays, and products to be applied to head gear. In the FTC’s view, the company did not...
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The FTC Has Announced a Weight Loss Settlement … but Wait, Keep Reading
That the FTC has announced another weight loss settlement is no news at all. The FTC averages about six new weight loss orders per year. The new settlement, nevertheless, is notable as a reminder of...
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Q: What’s Different About the FTC’ss New Endorsement FAQs? Answer: Lots.
The FTC recently released a new version of its Q&As on the Endorsement Guides. The old Q&As, released in 2010, were about seven pages long. The new ones just about double that. The revisions...
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The FTC Pressures Press Interactions, Defies Commercial Speech Doctrine
On Tuesday, the FTC joined the Department of Justice and several other federal agencies in announcing numerous recent and ongoing actions against dietary supplement marketers. The FTC, in its...
View ArticleThe DOJ Press Conference On Dietary Supplements: Heavy On Hype, Short On Facts
On Tuesday, a nimiety of federal agencies converged at a press conference at the Department of Justice to announce new and ongoing cases against dietary supplement marketers. Federal agencies included...
View ArticleFDA Targets CBD Products, Claims Made in Social Media
Last February, FDA issued three warning letters to companies marketing cannabidiol (CBD) products as dietary supplements. FDA reviewed the companies’ websites and concluded that claims that CBD...
View ArticleIdentity Crisis Over: Dietary Supplements Can Be “Dietary Supplements”
In its dietary supplement labeling guide, first issued in April 2005, FDA advised that it would not consider the term, “dietary supplement,” alone, to be an appropriately descriptive “statement of...
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Lifestyle Blogging, Supplement Dust, and Third Party Liability
The NAD recently took a swipe at Goop, the lifestyle blog founded by Gwyneth Paltrow. To make “GP’s Morning Smoothie,” Goop had recommended using “dust” dietary supplements, such as Action Dust and...
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Consumer Group Questions Kardashian Posts
On Monday, a consumer advocacy group announced that it had sent a letter to the Kardashian-Jenner family challenging how the sisters promote products on Instagram. The group contends that the sisters...
View ArticleOregon Attorney General Announces $545,000 Settlement with Retailer
The Oregon AG recently announced a $545,000 settlement with the Vitamin Shoppe over allegations that the store violated Oregon state law by selling dietary supplements containing ingredients that FDA...
View ArticleOregon Attorney General Announces $545,000 Settlement with Retailer
The Oregon AG recently announced a $545,000 settlement with the Vitamin Shoppe over allegations that the store violated Oregon state law by selling dietary supplements containing ingredients that FDA...
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