Nutritional Supplements

News & Analysis as of

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Advocates of GMO labeling vow to continue fight even after electoral...more

Nutritional supplement claims fail to meet utility requirement, according to Judge Engelmayer

U.S. Patent No. 6,645,948 (“Nutritional composition for the treatment of connective tissue”) claims a “nutritional composition for the treatment of connective tissue in mammals comprising: a therapeutically effective amount...more

Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases

On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been...more

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal...

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to...more

Second Circuit Issues Decisions on Lanham Act False Advertising Case

On July 29, 2014, the Second Circuit decided a Lanham Act false advertising case that clarified the circuit’s jurisprudence on demonstrating consumer confusion and competitive injury. In Merck Eprova AG v. Gnosis S.P.A. and...more

ERISA (8th Circuit): Over-The-Counter Vitamin Supplements Trigger Pre-Existing Condition Exclusion

What sort of “medical treatment” triggers the pre-existing condition exclusion in an ERISA-governed disability policy?...more

Advertising Law - June 2014 #4

Don’t Forget: FTC Settlement Over Memory Claims - The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more

Weight Loss Claims and Dr. Oz Gain Congressional Interest

We’ve all heard the statistics showing obesity rates rising in the U.S. year after year. Most of us are well aware of the billion dollar diet and weight-loss supplement industry to which millions turn with the hope of finding...more

Class Action Can’t Be Remanded To State Court Just Because The Plaintiff Says It’s Uncertifiable

When was the last time you saw a plaintiffs’ lawyer seeking to represent a class argue that the class couldn’t be certified? Readers might wonder whether this is a trick question. ...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

Will the Recent Scientific Attack on Vitamin Use Spawn a New Wave of False Advertising Litigation?

For centuries, we’ve ingested magic elixirs in pill and syrupy forms to cure whatever ails us and to ward off future illness. Hard scientific evidence of efficacy may have been lacking for these nostrums, but lingering...more

Carrera v. Bayer Corporation: Third Circuit Vacates Class Certification Order on Ascertainability Grounds in Consumer False...

The Third Circuit Circuit’s recent decision in Carrera v. Bayer Corporation, No. 12-2621 (3d Cir. Aug. 21, 2013), could have a significant impact on false advertising class actions involving the purchase of consumer products...more

Recent Developments in Chinese Antibribery Laws and Enforcement

The Chinese government investigation of GlaxoSmithKline (GSK) for alleged bribery has been front page news in China for several weeks. The press has also featured numerous other stories about a broader investigation into...more

Court Report Supplement -- May 16, 2013

About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Tawnsaura Group, LLC v. Direct Digital, LLCL: 8:13-cv-00004; filed...more

Class Actions: Generally Not Nutritional

A group of former employees of a popular vitamin and nutritional supplement store filed a lawsuit against their employer for allegedly failing to pay them for overtime hours. The suit was originally filed in July of 2011...more

Advertising Law -- Mar 21, 2013

In This Issue: Manatt Advertising Litigation Team Twice Defeats Efforts to Enjoin TurboTax Television Commercials; Sen. Rockefeller Tries Again with Do Not Track; NAD: Price Match Offer by Toys “R” Us Needs a Change;...more

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