Podcast: Dietary Supplements – Navigating the Regulatory Maze – Diagnosing Health Care
The Dietary Supplement Listing Act of 2026 (H.R. 8370, 119th Congress) (the “Act”), introduced in the U.S. House of Representatives on April 20, 2026, has the potential to significantly impact the dietary supplement industry....more
There has been a recent and sudden uptick in enforcement from federal agencies against medspa prescribers. Specifically, the Department of Justice (DOJ) recently indicted a licensed osteopathic physician for allegedly...more
Key Takeaways - The Food and Drug Administration is increasing enforcement of direct-to-consumer drug promotion, with a recent Warning Letter citing misleading claims, inadequate risk disclosure, and promotion beyond approved...more
Denial of a motion to dismiss a "cage free" eggs lawsuit, updates on marketing plant-based products with meat- and dairy-related terms in Europe, dismissal of a lawsuit alleging a restaurant's salsa was excessively spicy, and...more
On March 3, 2026, U.S. Food & Drug Administration (FDA) sent 30 warning letters to telehealth companies that market compounded GLP‑1 products. These letters highlight FDA’s current enforcement priorities in the compounded...more
For years, the commercial compounding and telehealth industry blossomed, buoyed by exploding consumer interest in GLP-1s and other compounded drugs. But things are changing. We recently blogged more generally about the...more
On February 5, 2026, the Food and Drug Administration (FDA) took another step to incentivize manufacturers to comply with the administration’s efforts to phase-out artificial petroleum-based color additives from the nation’s...more
On February 5, 2026, the Food and Drug Administration (FDA) announced a significant shift in its enforcement approach to voluntary labeling claims regarding artificial colors in foods....more
After years of maintaining a policy that any added color in food is “artificial color,” the U.S. Food and Drug Administration (FDA) issued a letter to industry announcing that it will exercise enforcement discretion as to the...more
In 2025, the U.S. Food and Drug Administration (“FDA”) and U.S. Department of Justice (“DOJ”) pursued significant criminal, civil, and regulatory enforcement actions grounded in longstanding enforcement priorities across...more
In the November edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff is choking on the splinters,...more
The Department of Justice’s (DOJ) initial attempts to carry out the White House’s goal of eliminating gender-affirming health care to minors have hit substantial roadblocks. As one example, a federal court in Massachusetts...more
The U.S. Food and Drug Administration (FDA) and U.S. Department of Health and Human Services (HHS) on Sept. 9, 2025, announced a broad initiative to "rein in misleading direct-to-consumer pharmaceutical advertisements." In...more
On July 14, the U.S. Food and Drug Administration (“FDA” or the “Agency”) issued a warning letter (the “Warning Letter”) to WHOOP, Inc. (“WHOOP”), rejecting WHOOP’s claim that its wearable “Blood Pressure Insights” product...more
Perkins Coie Releases Ninth Annual Food & Consumer Packaged Goods Litigation Year in Review. In 2024, class action filings against the consumer packaged goods (CPG) industry reached a near high, with close to three hundred...more
The Super Bowl is not just the biggest game of the year for football fans, but it is also one of advertising’s biggest nights. Therefore, the FDA lawyers at Polsinelli were not only tuned in to root for the Kansas City Chiefs...more
On December 13, 2024, the United States Attorney’s Offices for the Western District of Virginia and the District of Massachusetts, along with the Department of Justice’s (“DOJ”) Consumer Protection Branch (collectively, “the...more
Eleven Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) regarding additional labeling or packaging...more
Is It Necessary for Congress to Amend the FD&C Act for FDA to Have the Authority to Prohibit Tianeptine’s Sale? If the answer to this question is “no,” why are bills being introduced into Congress to give the U.S. Food and...more
Game equipment company Sport Squad Inc. deceptively marketed some of its pickleball paddles as approved by the sport’s national governing body even though the approval had been rescinded, a consumer class action alleges....more
On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more
The United States Environmental Protection Agency (“EPA”) and Logan Agride – Service, Inc (“Logan”) entered into an April 15th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Federal...more
“Every little one, every little one,” a song lyric from Bruce Hornsby and the Range’s 1986 single, “Every Little Kiss,” comes to mind when we read a recent Food and Drug Administration Warning Letter issued to a reprocessor...more
As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more
The U.S. Food and Drug Administration’s (FDA’s) broad definition of “misbranding” has created some industry confusion, while the Federal Trade Commission’s (FTC’s) updates to its Health Products Compliance Guidance have done...more