In the recent decision Mirabella v. Vital Pharmaceuticals, Inc., Case No. 12-62086-CIV-ZLOCH (S.D. Fl. Feb. 27, 2015) the plaintiffs attempted, but failed, to certify a nationwide class of all purchasers of an energy drink...more
We all know that a rose by any other name would smell as sweet. But what if the roses you give to your sweetheart are actually painted daisies or thorns without flowers? Or worse, if they do not contain flowers at all but...more
On December 31, 2014 Federal Law No. 532-FZ was enactedOn Amending certain Legislative Acts of the Russian Federation in Connection with Interdiction of Falsified, Counterfeit, Poor-Quality and Unregistered Medicines, Medical...more
President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification -
Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more
What is the “Naturally Occurring” Defense? -
One of the few defenses available to a company under Proposition 65 is the “Naturally Occurring” exemption for “food.” (CA Code of Regulations, Title 27, § 25501). Food...more
Privacy Authorities to App Marketplaces: Post Links to Privacy Policies -
An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more
When the Food and Drug Administration (FDA) issues a dietary supplement recall for a product that contains banned substances, are we still at risk of inadvertently buying this defective product? According to a recent article...more
The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more
Suit Seeks To Include E-Mail Address Under Song-Beverly Protections -
First zip codes, now e-mail addresses?
According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...more
On May 6, 2014 VitaminsOnline, Inc., a Delaware corporation (“VOI”), filed a complaint against Dynamic Industries, LLC, a Nevada limited liability company, and Christopher Wilson, a resident of Georgia (collectively...more
On April 28, 2014 the U.S. Food and Drug Administration (FDA) published a final rule (the Rule), prohibiting statements on food product labels and dietary supplement labels that claim products are "high in," "rich in," or an...more
The final rule prohibits label claims of food products, including dietary supplements, that are “high in,” “rich in,” or an “excellent source of” DHA or EPA and allows some nutrient content claims for ALA.
On April 28,...more
On April 14, 2014, China’s Ministry of Commerce (MOFCOM) filed an amicus brief asking the Second Circuit to overturn a ruling by the Eastern District of New York against Chinese vitamin manufacturers. See Brief for Amicus...more
We are pleased to provide you with the Spring edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. As stated in our inaugural issue, this newsletter provides updates on important...more
In This Issue:
- California Announces First Consumer Products Subjected To New Green Chemistry Rules
- FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages
- Private Surgeon General...more
In Moore v. GNC Holdings, Inc., Southern District of Florida Judge Dimetrouleas ordered partial summary judgment in favor of GNC and against the class as to plaintiffs’ damages claims under Florida’s Deceptive & Unfair Trade...more
Supplements making claims regarding diabetes, genetically customized nutritional benefits, and weight loss are slammed for false advertising.
Recent Federal Trade Commission (FTC) enforcement activities—including a...more
High-Profile Mistake Could Cost Data Brokers:
Could a recent marketing error by OfficeMax impact the entire data-driven marketing industry?
The company sent a mailer addressed to “Mike Seay, Daughter Killed in...more
Two new FDA guidance documents can assist both conventional beverage and liquid dietary supplement manufacturers to avoid costly mischaracterization and enforcement action.
The US Food and Drug Administration (FDA or...more
FDA “reminds” manufacturers of the requirements for food and dietary supplement ingredients and finalizes long-awaited liquid dietary supplement guidance.
On January 14, the U.S. Food and Drug Administration (FDA or...more
The U.S. Food and Drug Administration (FDA) issued a highly anticipated guidance document on liquid dietary supplements this morning, with its current position on how it will distinguish between such products and conventional...more
As a general matter, MLM companies will be very specific about what distributors can and cannot say about the company’s products. Usually, this information will appear in the company’s literature. MLM companies can find...more
MLM Distributors and MLM companies often ask about the notification requirements for permissible structure/function claims for dietary supplements, under FDA rules of DSHEA (Dietary Supplement Health Education Act). Here is...more
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