News & Analysis as of

Health Claims Misleading Statements

DLA Piper

The legal journey of food supplements: From product development to marketing and market surveillance - Part 2

DLA Piper on

The food supplement market in Germany is growing rapidly, fuelled by health trends, an ageing population, innovative online marketing and direct-to-consumer brands. This dynamic environment has also driven strong M&A...more

Kelley Drye & Warren LLP

NAD Finds that Cookware Claims Don’t Stick

Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without ​“forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that ​“most traditional cookware...more

Shook, Hardy & Bacon L.L.P.

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

Fox Rothschild LLP

FTC’s New Health Products Guidance

Fox Rothschild LLP on

FTC’s New Health Products Guidance...more

BakerHostetler

AD-ttorneys@law - May 2022

BakerHostetler on

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Cozen O'Connor

Anti-Discrimination Clarification From CFPB | $110 Million Charity Scam | Deceptive Claims re: CBD Cures

Cozen O'Connor on

2022 AG Elections- Kansas Attorney General Eyes Governor’s Mansion- •Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022. •Schmidt, who first assumed the AG’s office in...more

Seyfarth Shaw LLP

FDA Aggressively Monitoring and Pursuing Advertisements Touting Treatments, Preventions and Cures for COVID-19

Seyfarth Shaw LLP on

Companies should use caution when making efficacy claims in marketing and advertising of dietary supplements, foods, biological products and other products purported to treat or prevent COVID-19. ...more

BCLP

FDA and FTC Warn Against Making Unapproved Disease Claims Regarding COVID-19

BCLP on

In response to the outbreak of COVID-19, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have issued several new warning letters to companies claiming their products prevent, treat or cure the novel...more

Faegre Drinker Biddle & Reath LLP

Biotin Supplement Suit Dismissed on Preemption Grounds

A California federal judge tossed a proposed class action against allegedly “worthless” biotin dietary supplements on preemption grounds earlier this week, citing the Ninth Circuit’s recent decision in Dachauer v. NBTY, Inc.,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #2

Shook Takes the Pulse of General Counsel on Maturation of Global Cannabis Market - More than half of in-house counsel surveyed in a new white paper by Shook, Hardy & Bacon plan to increase legal spending in the next two...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l April 2019 #3

FSMA, Prop. 65 and Supply Chain Issues Among Subjects of Food Law Conferenc - In-house and outside counsel joined representatives from the U.S. Food and Drug Administration (FDA), Department of Agriculture (USDA) and...more

Carlton Fields

Food for Thought: Under California Law, Individual Class Members Need Not Show Reliance on Allegedly Misleading Statements at Time...

Carlton Fields on

In its latest opinion addressing class action claims related to allegedly misleading labels, the Ninth Circuit Court of Appeal held that individual class members need not show they relied on allegedly misleading statements...more

Proskauer - Advertising Law

Ruling Allows Gerber False Advertising Suit to Crawl Onward

For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more

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