201603.02
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David Torreblanca Featured in Natural Products Insider

CGM&B Associate Addresses Ensuring FDA Compliance through Creating Proper Claims on Supplement Labels David Torreblanca, an associate at Collins Gann McCloskey & Barry concentrating in the area of supplement law, recently had an article published by Natural Products Insider, addressing the issue of crafting proper claims for dietary supplements.  The article, “Constructing a Proper Structure/Function Claim,” provides…

201509.24
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28 Year Prison Sentence Related to Food, Drug, and Cosmetic Act Violations

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 send out an email that…

201509.09
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FDA Finds Pure Powdered Caffeine to be Unsafe

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 send out an email that gives…

201508.24
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FDA Warns Supplement Companies for Disease Claims, cGMP Violations

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 send out an email that…

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…

201502.18
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Claim Substantiation Post-POM

Do you now always need at least two randomized and well-controlled human clinical trials (RCTs) to substantiate your claims? We may have an answer from the U.S. Court of Appeals for the D.C. Circuit, which in January 2015 issued its highly anticipated opinion in POM Wonderful, LLC v. F.T.C. First, the bad news, at least…

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…

201401.10
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The Federal Trade Commission’s New Year’s Resolution: Take Down Deceptive Weight-Loss Supplements

in FDA, FTC

Just days into 2014, the Federal Trade Commission (“FTC”) made headlines by announcing enforcement actions against four weight-loss companies.  As a result of this so-called “Operation Failed Resolution,” the companies—HCG Diet Direct, Sensa Products, L’Occitane, and LeanSpa—must pay a collective total of $34 million to refund consumers who may have been misled by their ads. …

201311.18
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What Dietary Supplement Companies Need To Know About Claims Substantiation And FDA/FTC Compliance: Important Information for Supplement Companies from Alan Feldstein’s Presentation at Supply Side West

On November 14th, Alan Feldstein, Of Counsel to Collins, McDonald & Gann, spoke about claim substantiation for dietary supplements at Supply Side West in Las Vegas.  Here are some of the highlights from Alan’s speech: To be successful, supplement companies must advertise the effects of their products by making claims.  Stronger claims may require more…