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…

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…

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…

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. Advertising is a complex part of marketing and is…

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…

201311.11
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Dietary Supplements and Intellectual Property: How Can You Protect Your Brand?

After spending countless hours building a business from the ground up—formulating a line of supplements, securing supplies, manufacturing and marketing products, and finally selling them—a supplement company wants nothing else but to succeed.  But what can one do to stop others from using the company’s name to capitalize on its success?  How can an owner…

201307.09
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Nutritional Counseling and Free Speech Update

Does nutritional advice raise an issue of Free Speech?  A recent Fourth Circuit case from North Carolina should be of interest to the nutrition community as it moves forward through the court system [Cooksey v. Futrell, et al,http://www.ij.org/images/pdf_folder/first_amendment/paleo/paleo-4th-opinion.pdf].  The relevant facts and Court’s holding follow. In 2009, Steve Cooksey was rushed to the hospital in…