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New York Weight Loss Supplement Law Has Stakeholders Scrambling But Faces Legal Challenges

On October 25, 2023, New York enacted GBL 391-oo, which bans the sale of over-the-counter diet pills and dietary supplements intended for weight loss and muscle building to individuals under the age of 18. Covered products...more

FDA’s Draft Guidance on Cosmetics Registration and Listing: A Good Reminder of End-of-Year Deadlines

Earlier this month, in a step toward implementing the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA issued a draft guidance document titled “Registration and Listing of Cosmetic Product Facilities and...more

Two-Faced? Coppertone Case Tests Whether Factually True Claims Are Deceptive 

Can claims that are factually true still be deceptive? This is the question before a Connecticut federal court. Last summer, Tonya Akes, a consumer, sued Beiersdorf, Inc., maker of Coppertone sunscreen, alleging that...more

FDA Proposes New “Healthy” Definition As Part of Comprehensive Biden Administration Nutrition and Health Initiatives

Earlier this week, as part of the White House Conference on Hunger, Nutrition, and Health, President Biden announced a goal of ending hunger and increasing healthy eating and physical activity by 2030 so fewer Americans...more

Food + Personal Care Litigation and Regulatory Highlights – January 2022

Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that the year has started off very...more

Food Industry Regulatory and Litigation Highlights – June 2021

For our June review, the action stays largely in the litigation arena with vanilla getting thrown out and sustainability as well as settlements getting called into question. Meanwhile, environmental and health stakeholders...more

Food Industry Regulatory and Litigation Highlights – March 2021

Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021.  The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more

FDA Enforcement: There’s Nothing Inactive About CBD and “FDA Registered” Is Misleading

On Monday, FDA announced two warning letters issued to makers of topical CBD products labeled as OTC drugs. Amidst a backdrop of facility inspections that revealed significant good manufacturing compliance concerns, the most...more

FTC Tells Congress it Will Explore Tougher Penalties for Made in USA Fraud; Agency Plans Workshop

On May 9, the Federal Trade Commission Chairman and Commissioners testified before the House Committee on Energy and Commerce’s Subcommittee on Consumer Protection and Commerce on a number of issues. Reaffirming a previous...more

Top 5 Tips for Avoiding “Made in USA” Enforcement in 2019

The FTC’s “Hey Nineteen” blog post caught our attention this past week, and not just for its witty title. One of those reasons is the reference to continued interest in “Made in USA” claims. As we’ve written about here,...more

Ever Wondered What Pillows, Electric Bikes, and Neon Signs Have in Common? FTC’s “Made in USA” Enforcement On Pace With 2017

Having now turned the page to the back half of 2018, we took a look at how the FTC’s “Made in USA” enforcement is stacking up to prior years. As we previously posted, the FTC made known its intent to prioritize “Made in USA”...more

Bill Potentially Impacting “Made in USA” Claims Undergoing Committee Review

The U.S. Senate Committee on Commerce, Science, and Transportation has scheduled a reading this week of the proposed S. 118 Reinforcing American-Made Products Act of 2017. The bill proposes to amend the Violent Crime Control...more

News & Views: Dietary Supplement Advertising

Please find below the first edition of our monthly newsletter specifically for our clients marketing dietary supplements. We hope this helps you stay out in front of regulatory challenges. FTC DEVELOPMENTS -...more

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