Advertising Law - October 14, 2011


In This Issue:

SPECIAL FOCUS: Avoiding Potential Pitfalls Associated with Functional Food Claims; Lather Up: FDA Issues New Sunscreen Rules; Facebook “Likes” Two Legal Victories; NAD: Claims Should Be Based on Product Testing, Not Testing of Individual Ingredients; and Lawmakers Contact FTC Over “Supercookies” and OnStar.

SPECIAL FOCUS: Avoiding Potential Pitfalls Associated with Functional Food Claims Functional foods – or foods often fortified with nutrients that offer functional benefits – are among the fastest-growing categories of foods, but as their popularity increases, so too does scrutiny over whether these foods truly provide all of their claimed health benefits. The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have increased their enforcement efforts against these products, and it seems that nearly every week another food company is challenging its competitors’ claims in court or before the National Advertising Division (NAD).

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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