News & Analysis as of

NAD Food and Drug Administration (FDA)

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 13

Initial Attempt at Pinning Presence of PFAS in Coca-Cola Juice Drink as False Advertising Fizzes Out - The U.S. District Court for the Southern District of New York dismissed a plaintiff's initial complaint against...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 11

Plaintiff Says Splenda 100% Natural Ad Claims Leave a Bitter Taste - A class action lawsuit accuses the makers of Splenda Naturals Stevia, a sugar alternative, of misleading consumers with the claim that the product is...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2024

SHOOK SPOTLIGHTS - Shook Attorneys Discuss California ‘Junk Fee’ Amendment - On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will take effect. Under this new provision,...more

American Conference Institute (ACI)

[Event] 12th Annual Forum on Dietary Supplements - June 25th - 26th, New York, NY

ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - January 2024

LEGISLATION, REGULATIONS & STANDARDS - GAO: FDA Should Finalize Plans to Implement New Traceability Rule - The Government Accountability Organization (GAO) has recommended that the U.S. Food and Drug Administration...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

Arnall Golden Gregory LLP

AGG Food & Drug Newsletter - August 2023

Arnall Golden Gregory LLP's Food & Drug Newsletter is a roundup of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more

Arnall Golden Gregory LLP

Don’t Bring Me Down: HIV Prescription Drug Company Decides Not to Participate in the NAD Process (And NAD Refers the Matter to FDA...

It’s not clear whether the prescription drug company was channeling Electric Light Orchestra’s 1979 hit or The Animals’ 1966 song, but “Don’t Bring Me Down” was the attitude when the company declined to participate in a case...more

McDermott Will & Emery

[Event] Life Sciences Boot Camp For In-House Counsel 2023 - April 4th, South San Francisco, CA

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McDermott is pleased to bring our Life Sciences Boot Camp for In-House Counsel back to the Bay Area! Amid turbulent economic forces, life sciences companies continue to grapple with increasingly complex legal and business...more

BakerHostetler

AD-ttorneys@law - March 2023

BakerHostetler on

Consumer Sues Pyrex Maker for False Made-in-the-States Claims - New class actions pick up where the FTC left off - Tempest in a Ten-Piece Glass Meal Prep Set - We love false made-in-the-USA claim narratives. They...more

Kelley Drye & Warren LLP

Food + Personal Care Product Litigation and Regulatory Highlights – February 2023

This past week, the internet lit up over whether it was okay for President Biden and the First Lady to order the same dish at the Red Hen. In this issue, we invite you to read the February highlights on clean labeling false...more

Arnall Golden Gregory LLP

The NAD Steps Out and Issues a Rare Decision on Prescription Drug Product Promotion

Channeling Joe Jackson’s 1982 catchy hit, “Steppin’ Out,” the National Advertising Division (“NAD”) of the BBB National Programs recently released a decision regarding a prescription drug advertisement, resulting in the...more

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week, July 4

Arm & Hammer's "2X MORE LOADS" Detergent Claim Does Not Add Up, Class Action Argues - Algebra officially has a place in false advertising litigation (and we have seen it lots at the NAD). In a class action lawsuit against...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

Kelley Drye & Warren LLP

Food and Personal Care Product Litigation and Regulatory Highlights – March 2022

This month’s update kicks off spring with a Best in Show throwback ad comparing dog flea and tick medication, pivots to claims for survivalist ready-to-eat meals (don’t even try to act like you saw that coming), highlights...more

Kelley Drye & Warren LLP

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

Kelley Drye & Warren LLP

Food Industry Litigation and Regulatory Highlights, October 2021

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Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in...more

Kelley Drye & Warren LLP

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – May and June 2021

The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes.  Messy...more

Kelley Drye & Warren LLP

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

Kelley Drye & Warren LLP

Dietary Supplement and Personal Care Product Regulatory and Litigation Highlights – March 2021

Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth...more

American Conference Institute (ACI)

[Virtual Event] Food Law – Regulation, Compliance and Litigation - May 12th - 13th, 8:15 am - 3:45 pm CDT

The food industry’s most comprehensive legal and regulatory conference, Food Law – Regulation, Compliance and Litigation, is returning this spring in a unique, interactive virtual format. Key stakeholders will discuss how to...more

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