Dietary Supplements

News & Analysis as of

VitaminsOnline.com Files False Advertising Action Over Competitor's Online Dietary Supplement Offerings and Claims

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

"Excellent Sources" State FDA Restricts Nutrient Content Claims For Omega-3s On Labels

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

Exactly How Much Omega-3 Is in There?

On April 28, 2014, the Food and Drug Administration (FDA) issued a Final Rule prohibiting certain "nutrient content claims" for docosahexaenoic acid (DHA), eicosapentaenoic acid (EPA), and alpha-linolenic acid (ALA) omega-3...more

FDA Rule Prohibits Certain Nutrient Content Claims for Omega-3 Fatty Acids

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

MOFCOM Asks Second Circuit to Reverse Judgment Against Chinese Vitamin Manufacturers

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

Global Food, Drugs, Medical Devices and Cosmetics Newsletter

Welcome - 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

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

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

Putative Class Members Cannot Establish Damages In Dietary Supplement Case

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

FTC Cracks Down on False Advertising in Dietary Supplements

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

Advertising Law - Feb 6, 2014

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

FDA’s Final Guidance Distinguishes Liquid Dietary Supplements from Beverages

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

What Is That in Your Beverage? And Wait—Is It Really a Beverage?

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

SPECIAL FOCUS: FDA Issues Guidance on Distinguishing Liquid Dietary Supplements from Beverages

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

Herbal Supplements Bait-And-Switch — Labels Don’t Always Tell The Truth

Herbal supplements are a $5 billion per year industry that promise boundless health benefits. Some health promises are based in scientific research and medical fact....more

Business News Digest – September 2013

In this issue: - What to Expect When You're Selling Your Company – Indemnification - Association Membership and Program Restrictions and the Antitrust Laws: Don’t Stumble Out of the Gate - CFPB: July...more

Should I Eat That? New Rules Propose Significant Requirements on Importers of Food and Dietary Supplements - Dietary Supplements...

As an ever-increasing amount of food we eat is from overseas, the challenge of assuring that imported food meets the same safety standards as food grown and produced in the United States continues. On July 29, 2013, the U.S....more

As a consultant, what can I say about a MLM company’s nutritional/dietary supplement products?

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

FDA Notification for Permissible Structure/Function Claims for Dietary Supplements

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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