AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims
On August 8, 2024, the US Food and Drug Administration (FDA) partially revised the availability of certain glucagon-like peptide 1 (GLP-1) medications on the FDA’s shortage list. In particular, FDA updated the availability of...more
Cosmetic injections, such as Botox and dermal fillers, and weight-loss injections, such as Wegovy® and Ozempic®, are popular offerings at med spas, weight-loss clinics, and dermatology practices. But are they considered the...more
As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law is to go into effect on...more
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
The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) announced multiple new OIG Work Plan Items, including two audits, focused on identifying and quantifying improper Medicare and Medicaid...more
Lawsuits filed against the manufacturers of Ozempic, Mounjaro, and other weight control and diabetes drugs have alleged that these medications can cause serious gastrointestinal side effects, including gastroparesis, stomach...more
Diabetes and obesity drugs have skyrocketed in popularity as of late. According to a report released by Trilliant Health in September 2023, healthcare providers in the United States wrote more than 9 million prescriptions for...more
On today’s episode of AD Nauseam, Amy and Daniel talk the issue of post-holiday weight loss claims and how these claims have been addressed by the FTC and NAD. Questions & Comments: amudge@bakerlaw.com and...more
On October 25, 2023, New York Governor Kathy Hochul signed into law a bill (the “Act”) banning the sale of over-the-counter weight loss and muscle building supplements to children under the age of 18. This Act is the first...more
With Hollywood celebrities speaking out both in favor of and against the use of drugs like Ozempic and Wegovy for weight loss, it was only a matter of time before demand outpaced supply. Although most might believe that...more
Join us in Miami, Florida, for an engaging and exciting seminar that will address some of medicine’s most relevant and controversial issues. Topics include: a maternal fetal medicine and pediatric neurology “blockbuster”...more
Are you a diabetes patient who took Ozempic? Did you take Wegovy in hopes of losing weight? Have you suffered life-changing gastrointestinal issues since you’ve been taking Ozempic or Wegovy? If so, you are not alone....more
Until recently, Ozempic was a little-known diabetes medication. But, when mainstream media outlets and even medical schools began touting the drug’s weight loss benefits, Ozempic was quickly thrust into the national...more
LEGISLATION, REGULATIONS & STANDARDS - Former FDA Commissioners, Industry Groups Show Support for Modernized FDA Regulatory Framework - In recent months, two former U.S. Food and Drug Administration (FDA) commissioners and...more
On April 27, 2022, the Competition Bureau announced that it has reached a settlement agreement with NuvoCare Health Sciences Inc and its founder (collectively “NuvoCare”), who were found to have made marketing claims that...more
The Florida Board of Medicine will hold a rule development workshop to discuss updating the provisions of its rule for prescribing obesity drugs. Under the current rule (Florida Administrative Code 64B8-9.012), a physician...more
Is BELVIQ adding to patient cancer risks? In February of 2020, an announcement was made that the weight loss drug lorcaserin (sold under brand names BELVIQ and BELVIQ XR) would be voluntarily withdrawn from the market in...more
A challenge to the claims about effectiveness of weight loss pills has settled for $4.6 million. Fred Duran and other, later-joined plaintiffs filed suit against Obesity Research Institute, Continuity Products and related...more
Food and Beverage Deception Cases Still Must Pass the “Are you Serious?” Test - Becerra v. The Coca-Cola Co., No. 17-cv-05916, 2018 WL 1070823 (N.D. Cal. Feb. 27, 2018) - The Skinny: It is not Coca-Cola’s fault if you...more
How to make your health and fitness goals work for 2019 - Welcome to 2019! Here’s a new year's salute to those earnest but not well-kept resolutions to be healthier, fitter, and happier. While you may be enthused, or...more
LEGISLATION, REGULATIONS & STANDARDS - Personal Care Products Legislation Introduced in Congress - Rep. Janice Schakowsky (D-Ill.) has introduced the Safe Cosmetics and Personal Care Products Act of 2018, which would...more
LEGISLATION, REGULATIONS & STANDARDS - 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...more
LEGISLATION, REGULATIONS & STANDARDS - Senate Bill to Investigate PFAS Introduced - Sens. Debbie Stabenow (D-Mich.), Mike Rounds (R-S.D.) and Gary Peters (D-Mich.) have introduced legislation that would providing...more
Ruling that the plaintiff failed to present sufficient evidence that a dietary supplement promised weight loss, a California federal court judge threw out a putative class action against Vitamin Shoppe....more
In the largest payment ever made by an advertising agency in a Federal Trade Commission (FTC) action, Marketing Architects agreed to pay $2 million over allegedly deceptive radio ads for weight loss products....more