201508.18
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KIM KARDASHIAN AND THE FDA: Social Media Marketing Is a Complex Area for Product Marketers and FDA

OMG. Have you heard about this? As you guys know my #morningsickness has been pretty bad. I tried… https://t.co/5nA8eoDvl6 — Kim Kardashian West (@KimKardashian) July 20, 2015 When Kim Kardashian touted the benefits of the morning sickness drug Diclegis on social media last month, her glowing endorsement instantly reached her 42.6 million Instagram followers and…

201508.11
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Supplement Counsel Enforcement Report: August 11, 2015

In today’s regulatory climate, where FDA, FTC, state attorneys general, industry self-regulatory organizations, class action lawyers, and even individual U.S. Senators are leading a patchwork of crusades against dietary supplement companies, it is vital to keep up to date with the latest enforcement efforts. Every two weeks, we will be sending you an email that…

201507.27
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Supplement Counsel Enforcement Report: July 27, 2015

In today’s regulatory climate, where FDA, FTC, state attorneys general, industry self-regulatory organizations, class action lawyers, and even individual U.S. Senators are leading a patchwork of crusades against dietary supplement companies, it is vital to keep up to date with the latest enforcement efforts and trends. Every two weeks, we will be sending you an…

201504.16
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FDA Warns Kind, LLC over Misbranding Violations

You’re at the checkout counter of your local grocery store, and you’re craving a snack. You’re about to grab a chocolate bar from the bookshelf-sized repository of candy in your checkout lane, but then you spot a Kind fruit-and-nut bar. You think to yourself that you really should choose the healthier option, so you ditch…

201504.03
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BREAKING NEWS: State Attorneys General Call for “Comprehensive Congressional Inquiry into the Herbal Supplements Industry”

This morning, a coalition of attorneys general, including New York’s Attorney General Schneiderman, sent a letter to four congressional leaders to “urge [them] to launch a comprehensive congressional inquiry into the herbal supplements industry, and to weigh a more robust oversight role for the Food and Drug Administration.” This letter comes approximately two months after…

201503.10
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New York Attorney General Forms Coalition to Further Investigate Quality Control Issues in the Supplement Industry

New Coalition May Lead to Increased FDA Inspections New York Attorney General Eric Schneiderman is expanding his investigation into the supplement industry, today announcing the formation of a coalition designed to further investigate supplements and ensure that supplement companies are complying with the law. With the attorney general’s office noting that problems in the industry…

201412.23
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“The Tan Sheet” Reports Announcement of DoJ’S Commitment to Criminal Prosecution of Individuals in the Dietary Supplement Industry

As reported in a cover story in “The Tan Sheet”, individuals at dietary supplement companies will be facing increased scrutiny and the potential for criminal charges in the months ahead. The article, “DoJ Aims To ‘Do Something About’ Crime in FDA-Regulated Industries,” reports on a warning from Department of Justice (DoJ) Consumer Protection Branch Director…

201410.10
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Red Bull and False Advertising Claims: What Impact Will the Red Bull Settlement Have on Labeling/Marketing of Functional Foods, Supplements, and Beverages?

As lawsuits against food, dietary supplement, and beverage companies for false advertising claims appear to be on the rise, perhaps none has made more headlines than Red Bull and the company’s just-announced $13 million settlement in response to a class action lawsuit surrounding false advertising claims. The complainants in the lawsuit are challenging the company’s…

201407.30
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“The Tan Sheet” Reports on Increased FDA Warning Letters Sent to Supplement Firms

More GMP Inspectors Reviewing Adverse Event Reporting Data and Finding Violations of AER Reporting Requirements The cover story of the July 21st edition of “The Tan Sheet” reports on the rise in warning letters being sent to supplement firms as a result of violations of adverse event reporting (“AER”) requirements found during good manufacturing practices…

201406.30
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POM Sues Coca-Cola for Unfair Competition through Deceptive Labeling

By Rick Collins and Christopher Mango*   Industry should prepare for more litigation as a result of the U.S. Supreme Court’s recent decision in POM, LLC v. Coca-Cola Company.  One of Coca-Cola’s products, alleged to be a pomegranate-blueberry juice blend, was advertised, displayed, and sold with the words “pomegranate” and “blueberry” displayed prominently on its…