Last week, the FDA and FTC issued joint Warning Letters to multiple supplement companies calling out disease claims made on their websites and social media. Warning Letters cause more than public embarrassment, as now these companies face the possibility of expensive recalls and even disgorgement of profits. The FDA and FTC also announced a renewed…
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…
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…
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…
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…
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…
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…
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…
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. Advertising is a complex part of marketing and is…
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. …
