Dietary Supplement & Cosmetics Legal Bulletin | October 2018

by Shook, Hardy & Bacon L.L.P.

Shook, Hardy & Bacon L.L.P.


California Passes Professional-Cosmetics, Animal-Testing Laws

California Governor Jerry Brown has signed a law that will bring labeling for professional cosmetics in line with regulations in place for consumer-facing product lines. According to the bill, “Existing federal law does not regulate professional cosmetics in the same manner as cosmetics sold to consumers. Information on the ingredients in professional salon products is essential to ensuring that workers and owners can make safer product choices and take steps to protect themselves and their customers against harmful exposures.” The law affects professional cosmetics manufactured on or after July 1, 2020.

The California legislature has also passed a bill that would ban animal testing for cosmetics. “Notwithstanding any other law, it is unlawful for a manufacturer to import for profit, sell, or offer for sale in this state, any cosmetic, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020,” the bill states. The law enumerates several exceptions, including one for animal testing conducted to comply with foreign regulatory authorities if the manufacturer can support the safety of the cosmetic without the animal-testing evidence. The bill would also exempt ingredients that are “in wide use and cannot be replaced by another ingredient capable of performing a similar function,” subject to some limitations. The bill was presented to Governor Brown on September 12, 2018.


FDA Warns of Kratom Risks Again

U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has issued a statement warning consumers against the use of kratom, echoing an agency statement issued in February 2018. Gottlieb indicated that FDA warned “two more unscrupulous vendors, Chillin Mix Kratom and Mitra Distributing, for marketing kratom products with scientifically unsubstantiated claims.”

“In support of the public health, we continue to urge consumers not to consume kratom and to seek appropriate medical care from their health care provider,” Gottlieb states. “We will also continue to take action against those who put the safety of Americans at risk and who violate federal law by making unsubstantiated health claims about products that they seek to sell.”


Ad Board Refers Sunscreen Products to FTC, FDA

The National Advertising Division (NAD) has referred Cross Brands Manufacturing’s marketing for Sea & Ski sun care products to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC). The company advertises its products as protecting against infrared solar radiation, but a NAD review purportedly found that it was unable to substantiate the claims based on the one study submitted. “The results provided were from a single product test and did not include any of the analysis or graphs that, based on the sample report, were likely part of the original document,” NAD stated. “Generally, incomplete study information, whether in the form of abstracts, informal summaries, or, in this case, highly redacted information, do not impart enough information to constitute competent and reliable scientific evidence.” Cross Brands did not indicate whether it intended to comply with NAD’s recommendations of discontinuing use of the infrared claims, so the board referred the information to FDA and FTC for review.


Draft Guidance on Probiotic Dietary Supplements Issued

The U.S. Food and Drug Administration (FDA) has issued draft guidance on the declaration of live microbials in dietary supplements. The guidance provides information on labeling probiotics in terms of colony forming units. FDA may consider comments submitted by November 6, 2018, in revising and finalizing the guidance.



EU Adopts Micro-Plastics Resolution

The European Commission has adopted a strategy aiming to ensure that the use of micro-plastics—which “can be deliberately manufactured and intentionally added to products such as rinse-off cosmetics (for example facial or body scrubs)”—is reduced across all industries by 2030. Members of European Parliament specifically “called for a ban on intentionally added micro-plastics in cosmetics, personal care products, detergents and cleaning products by 2020.”



Most Claims Dismissed From MMA Fighter’s Dietary Supplement Lawsuit

A mixed martial art (MMA) fighter’s lawsuit against Vitamin Shoppe, Millennium Sport Technologies, Gaspari Nutrition and Hi-Tech Pharmaceuticals will continue with some claims dismissed. In re Lyman Good Dietary Supplements Litig., No. 17-8047 (S.D.N.Y., entered August 6, 2018). The plaintiff alleged that the defendants sold him supplements containing androstenedione, an anabolic-androgenic steroid, causing him to test positive for illegal substances under his MMA organization’s rules.

The court dismissed a claim for fraud, finding the allegations “threadbare, conclusory assertions” that were “insufficient to raise a strong inference of fraudulent intent.” The court also dismissed the claim for “assault and battery,” noting that the claims are “distinct torts with distinct elements” and finding the plaintiff’s argument that the defendant “intended to inflict personal injury on Plaintiff without his consent” was conclusory. The plaintiff’s claim of reckless or intentional infliction of emotional distress was likewise dismissed, with the court finding that the cases cited in support of the claim focused on a different cause of action.

The court allowed allegations of breach of implied warranty of merchantability to continue and granted leave to amend some of the claims it dismissed, including an allegation for breach of implied warranty of fitness for a particular purpose.


Court Declines Certification in Weight-Loss Crystals Suit

A California federal court has denied a motion to certify a class alleging Sensa Products misled consumers into believing its “tastant crystals” caused weight loss. Conde v. Sensa, No. 14-0051 (S.D. Cal., entered September 10, 2018). The products were marketed as able to “trigger the user’s ‘I feel full’ signal and the user would therefore eat less food.” Following a Federal Trade Commission complaint, several consumers filed lawsuits, which were later consolidated.

The court first dismissed the defendants’ argument that the plaintiff did not have standing because she used the products for five years and was satisfied, finding that the plaintiff’s satisfaction had no bearing on the false-advertising allegation. Turning to the predominance standard, the court found that Sensa’s website contained an arbitration agreement stating that “any controversy” related to the products “shall be governed by the laws of your home state of residence.” “If the proposed class is certified, the Court will be forced to determine which of the class members may be subject to the arbitration provision (i.e., those who purchased online), and those who are not (i.e., all others). The Court also may have to analyze the legality of the arbitration clause and whether it binds some, all, or none of the purchasers.” Finding that this reasoning challenged both the predominance of issues and the ascertainability of the class, the court declined to certify the class.


Court Enters Permanent Injunction Against Sellers of Male-Enhancement Supplements

The U.S. Department of Justice (DOJ) obtained a permanent injunction banning S Hackett Marketing, R Thomas Marketing and their owners from continuing to distribute male-enhancement supplements containing sildenafil, a drug regulated by the U.S. Food and Drug Administration. U.S. v. S Hackett Marketing, No. 17-4911 (D.N.J., entered August 30, 2018). DOJ alleged that the companies and their owners used more than 100 websites to promote and distribute male-enhancement supplements with pharmaceutical ingredients. The defendants “failed to respond or even appear in the action,” so a New Jersey federal court entered a permanent injunction.


Protein Products’ Lead, Cadmium Levels Exceed Prop. 65 Limits, Lawsuit Alleges

A plaintiff has filed a putative class action alleging that Sequel Natural Ltd.’s Vega Protein Powders and Protein Shakes contain levels of lead and cadmium exceeding the limits set by California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). Bland v. Sequel Natural Ltd., No. 18-4767 (N.D. Cal., filed August 7, 2018). The complaint asserts that one serving of Vega’s products exceeds the lead limit set by Prop. 65, while some products would exceed Prop. 65 cadmium limits with two servings. For allegations of strict liability failure to warn, fraud, unjust enrichment and violations of California’s consumer-protection statutes, the plaintiff seeks class certification, corrective advertising, an injunction, damages and attorney’s fees.


Biolage Class Granted Partial Certification

A New York federal court has granted certification to a class of consumers alleging L’Oréal USA Inc. and Matrix Essentials misled consumers into believing that Biolage hair products contain keratin. Price v. L’Oréal USA Inc., No. 17-0614 (S.D.N.Y., entered August 15, 2018). The plaintiffs moved to certify a New York, California and nationwide class, and the court denied certification to the nationwide class but granted it to the New York and California classes on two of the plaintiffs’ asserted claims.

The court distinguished between claims that required reliance on the product’s labels and those that did not. “Plaintiffs argue that the misrepresentations in this case are ‘so fundamental that it is reasonable to infer . . . that plaintiffs in fact relied on those representations in becoming Customers,’” the court noted. “Such an inference is not warranted here. Customers may have had many reasons for purchasing the Products apart from their purported keratin content. For instance, customers may have been drawn to the Products’ smell, color, consistency, the aesthetics of their packaging, or their ability to clean and condition hair.” Whether a potential class member relied upon the product’s packaging claims would be a different determination for each class member, the court found, and the issue of the reliance was central to the fraud, breach of warranty and unjust enrichment claims. Accordingly, the court denied certification for those claims but granted certification on the consumer-protection claims under New York and California law.


Plaintiff Challenges Efficacy of Prevagen

A consumer has filed a putative class action alleging Quincy Bioscience’s Prevagen supplement does not provide “the stated brain and memory support.” Spath v. Quincy Bioscience Holding Co., No. 18-12416 (D.N.J., filed August 2, 2018). The plaintiff alleges that Prevagen is represented as “‘clinically tested’ to ‘improve memory within 90 days,’” as its marketing asserts. “Specifically, Defendants are representing that they have conducted high quality, randomized clinical trials, which have been subjected to peer review. In fact, Defendants have conducted no such testing,” the complaint argues. “The only test sponsored by Defendants that may have been randomized [] is unreliable and flawed. Based on the data presented, Defendants primarily relied on one double-blind, placebo-controlled human clinical study using objective measures of cognitive function. … The study shows that Prevagen does not improve memory.”

The plaintiff alleges that the researchers “conducted more than 30 post hoc analyses of the results, examining data broken down by several variations of smaller subgroups for each of the nine computerized cognitive tasks. This methodology greatly increased the probability that some statistically significant differences would occur by chance alone.” For allegations of unjust enrichment and violations of New Jersey consumer-protection statutes, the plaintiff seeks class certification, damages, attorney’s fees and injunctions preventing the defendants from selling their products and mandating corrective action.


PowerBar Maker Settles One Lawsuit, Faces Another

Premier Nutrition Corp. has agreed to pay $9 million to settle a class action alleging that its ready-to-drink (RTD) protein products did not contain 30 grams of protein as advertised. Gregorio v. Premier Nutrition Corp., No. 17-5987 (S.D.N.Y., motion filed September 13, 2018). Under the agreement, class members with a proof of purchase can receive up to $40 and those without can receive up to $20. Premier Nutrition has also agreed to “reevaluate and refresh its formulations for Premier Protein RTD shakes, review its manufacturing specifications and protocols for co-manufacturers producing Premier Protein RTD shakes, and work with its co-manufacturers on best practices to implement those specifications and manufacturing protocols in order to minimize the variability of the protein content contained in the Premier Protein RTD shakes.”

The company also faces a putative class action alleging it misleads consumers as to the source of protein in the PowerBar Clean Whey Protein Bar. Ransom v. Premier Nutrition Corp., No. 18-4617 (E.D.N.Y., filed August 16, 2018). The plaintiff alleges that the name of the product “gives the impression the protein source is only the most concentrated form of whey – whey protein isolate – and free from fat and lactose,” but the products allegedly contain milk protein isolate in amounts that would compose almost half of the protein in the bar. Further, the complaint challenges Premier Nutrition’s “No Artificial Colors, Flavors or Sweeteners” marketing, alleging that the product’s sweetener, erythritol, is synthetic, “a synonym for ‘artificial.’” For allegations of fraud, unjust enrichment and negligent misrepresentation, the plaintiff seeks class certification, an injunction, damages and attorney’s fees.


Lawsuit Alleges Jeunesse Is “Illegal Pyramid Scheme”

A woman has filed a putative class action alleging Jeunesse Global misrepresented the likelihood of success selling the company’s skin care and wellness products in a multilevel marketing scheme. Xiong v. Jeunesse Global, No. 18-1430 (C.D. Cal., S. Div., filed August 10, 2018). The plaintiff is a former seller of Jeunesse products who failed to earn money “because she was doomed from the start by a Jeunesse marketing plan that systematically rewards recruiting distributors over retail sales of product.” The complaint asserts that Jeunesse misclassifies its sellers as independent contractors “when they are, in fact, employees” because it “exerts significant control over its representatives. For example, representatives must adhere to rules regarding their conduct, their sales pitches, their performance, and the method by which they complete sales.” The plaintiff seeks class certification, rescission of contracts, damages, injunctive relief and attorney’s fees for allegations of an “endless chain scheme,” false advertising and labor violations under California law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Shook, Hardy & Bacon L.L.P. | Attorney Advertising

Written by:

Shook, Hardy & Bacon L.L.P.

Shook, Hardy & Bacon L.L.P. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.