News & Analysis as of

Dietary Supplements

Consumers beware: There’s lots of ugly in beauty products

The quest for beauty—whether skin deep or in the eye of the beholder—not only carries high costs. It also can be health risky. Jane Brody reminds us in the New York Times that due “to a lack of federal regulations, the...more

FDA and FTC Solicit Consumer Complaints About Dietary Supplement Marketing

by Pepper Hamilton LLP on

The Food and Drug Administration and the Federal Trade Commission have jointly requested that consumers report dietary supplements that “didn’t work as promised” or that are marketed with “unbelievable” claims. Consumers may...more

Dietary Supplement Patents Swallowed by the Products of Nature Exception

by Brinks Gilson & Lione on

It has been just over three years since the U.S. Supreme Court adopted a threshold test for determining patentable subject matter eligibility under §101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. 134 S. Ct. 2347 (2014). This...more

Dietary Supplement & Cosmetics Legal Bulletin | July 2017

JAMA Study and Editorial Call for Improvements in Cosmetic Regulation and Surveillance - In response to a study analyzing adverse events for cosmetics and personal care products, the Journal of the American Medical...more

District Court Invalidates Dietary Supplement Patents On Motion To Dismiss

by Foley & Lardner LLP on

The U.S. District Court for the Southern District of California invalidated several dietary supplement product and method patents as being directed to ineligible subject matter, even though they claimed products providing a...more

FDA Announces Delay in Compliance Dates for Revised Nutrition Fact Requirements

by Kelley Drye & Warren LLP on

The FDA announced today that it was delaying implementation of the final rule promulgated in May 2016 that revised regulations governing Nutrition Facts labels on food and dietary supplements. The rule initially set a...more

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...more

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Let Food Be Thy Medicine, But Mind Your Words

by Davis Wright Tremaine LLP on

A tweet last week from Project Nosh set my food-labeling-lawyer-head buzzing: “Consumers are looking for snacks that aren’t just empty calories. Brands are providing everything from protein to anti-nausea properties.” An...more

CJEU upholds principle of free movement of goods for food supplements

by Hogan Lovells on

The Court of Justice of the European Union (“CJEU“) has issued a ruling on the interpretation of Directive 2002/46/EC on food supplements, finding that a French law prohibiting the sale of food supplements from other EU...more

Food and Beverage News and Trends - May 2017

by DLA Piper on

How FDA and USDA fare in the federal budget agreement. Rejecting cuts that had been proposed by the Trump Administration, the Congressional federal budget agreement increases funding for USDA and FDA programs supporting such...more

Media Law Bulletin

by Sedgwick LLP on

Depending on the source, between one half to two-thirds of adults in the United States take a dietary supplement of some kind every day. A dietary supplement is a product for ingestion that contains a dietary ingredient...more

Dietary Supplement Advertising - April 2017

by Kelley Drye & Warren LLP on

State Regulation - CWAG Talks Dietary Supplements - At a gathering of the Conference of Western Attorneys General, a panel on “Regulatory Models and Transparency” focused on enforcement against USPlabs as a case...more

Mars – Helping You Work, Rest & Play (and improve blood circulation?)

While browsing my daily trademark news and digesting some recent chocolate-related trademark litigation, to be discussed below, I happened upon some interesting discussions and histories of slogans for candy, including in...more

NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims

by Kelley Drye & Warren LLP on

The National Advertising Division of the Better Business Bureaus, a self-regulatory body that polices national advertising, recently gave an a-OK to certain dietary supplement immunity claims. The action was initiated under...more

Oregon Attorney General Announces $545,000 Settlement with Retailer

by Kelley Drye & Warren LLP on

The Oregon AG recently announced a $545,000 settlement with the Vitamin Shoppe over allegations that the store violated Oregon state law by selling dietary supplements containing ingredients that FDA has deemed unsafe or...more

Dietary Supplement Advertising

by Kelley Drye & Warren LLP on

STATE REGULATION - State AGs and the New Administration - By John Villafranco and Katie Bond - As we discussed in recent interviews with Nutritional Outlook and Natural Products Insider, FTC enforcement against...more

Borderline products: Marketing food supplements in the UK following the glucosamine case

by DLA Piper on

In late December 2016, the Supreme Court rejected the Medicines and Healthcare Products Regulatory Agency's (MHRA) application for permission to appeal against the decision of the Court of Appeal in R. (on the application of...more

When the Strength of the Facts Cannot be Lifted – SDNY Dismisses Muscle Maker Slack-Fill Class Action

The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more

Show Me, Show Me, Show Me: FDA to Post Adverse Event Report Data Associated With Certain Products

by Arnall Golden Gregory LLP on

On December 7, 2016, the Food and Drug Administration announced that it would post on its website adverse event reports from January 2004 to the present for food (including food additives, color additives, and dietary...more

FDA's Public Posting of Adverse Event Reports: Four Things to Know

by Faegre Baker Daniels on

As part of a new initiative, the U.S. Food and Drug Administration (FDA) will begin publicly posting all consumer reports of adverse events related to food, dietary supplements and cosmetics. Here are four things companies in...more

Food and Beverage News and Trends - November 2016

by DLA Piper on

Four cities will hold referendums this month on taxes on sugary beverages. Looking forward to Election Day, an October 17 survey by PBS NewsHour noted that voters in three California cities and one Colorado city will vote on...more

S.D. Cal. Shows No Love for Aphrodisiac Class Certification

by Reed Smith on

A class action claiming that a diet supplement was falsely advertised as being an aphrodisiac cries out for bad jokes and silly puns. Are we above all that? Er… sure. The supplement is called IntenseX. (Get it? Why don’t...more

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

First Circuit Reinstates Consumer Action Previously Dismissed on FDCA Preemption Grounds

by Baker Donelson on

In 2014, Ronda Kaufman brought a proposed nationwide class action against drug store giant CVS alleging that the labeling of its Vitamin E supplements misled consumers about heart health benefits. Kaufman's complaint, among...more

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