201311.18
Off
0

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…

201211.07
Off
0

Prop 37: Defeated by a Small Margin

With 98.5% of the precincts reporting as of this morning, Prop 37, the proposition on the ballot in California which would have required manufacturers of genetically engineered foods to label their product as containing GE ingredients, has been defeated.   53% of voters voted against Prop 37; 47% in favor of it. To date, it is…

201210.30
Off
0

NAD Updates: Recent Policy Updates and Decisions Affecting the Supplement Industry

The National Advertising Division (NAD) has been keeping busy following its annual conference earlier this month.  Here is a summary of its recent decisions and policy updates that will affect dietary supplement and sports nutrition product manufacturers*: In response to advertisers facing an increase in class action suits after NAD review, the Advertising Self-Regulatory Council…

201102.11
Off
0

Selling Misbranded Products with False Claims Can Land You in Prison

While it is more common to read about fines, consent decrees, and recalls, if you make unlawful claims and engage in other illegal activity you may be prosecuted criminally. Recently, two marketers of dietary supplements received prison sentences in addition to the 11.9 million dollar judgment that was levied against them, for making illegal claims…

201010.22
Off
0

Probiotics May Attract Greater Regulatory Scrutiny

Claims about probiotics helping the digestive system and protecting immunity have been around for decades.  However, 2 recent regulatory actions, one involving the FTC and Nestle and the other a warning letter sent from a California District Attorney, show that probiotic claims beyond those traditionally recognized might bring about greater scrutiny.  If you are marketing…

201008.03
Off
0

Too Little Too Late

The Federal Trade Commission’s first probiotic claims case has concluded with Nestle HealthCare Nutrition agreeing to drop claims that its children’s drink, BOOST Kid Essentials, could reduce illness-related absences from school or daycare. In the first of what is shaping up to be several investigations centered on probiotic products, FTC concentrated on whether claims about…

201006.25
Off
0

Additional FTC Powers NOT Part of Wall Street Reform Bill (S. 3217)

In a House and Senate conference of the Wall Street Reform Bill and Consumer Protection Act, conferees ultimately decided not to include the broad rulemaking authority granted to the Federal Trade Commission (FTC) in the House version of the bill advocated by Congressman Henry Waxman (D-CA). This is a huge win for the nutritional supplement…

201002.16
Off
0

CRIMINAL CHARGES FOR FALSE CLAIMS: Supplement Company Owner Pleads Guilty to Fraudulently Marketing Dietary Supplements

Making claims that a dietary supplement product can treat, cure or prevent a disease; making claims that are not substantiated or even worse, claiming that clinical studies have been performed when in fact, they have not, can result in substantial forfeiture of assets and federal criminal charges. The supplement industry is familiar with FDA and…