NutriSupLaw articles

Don’t overlook “tail liability insurance” coverage in M&A transactions

Guest Post: Greg Doherty of Poms & Associates Insurance  Deals in the supplement space are heating up.  That’s why it’s important to remember to pay attention to details like Extended Reporting Provision (“ERP”) or “tail” coverage options available in insurance policies that can protect the business going forward in the event of claims. Liability insurance

FTC takes snap, crackle out of Kellogg cereal health claims

The three little guys on Rice Krispies boxes are in trouble for claiming that their cereal supports the immune systems of children. The Federal Trade Commission announced on June 3 that Kellogg Co. had  agreed to pull back on health claims for the puffy cereal. In a statement, commission chairman Jon Leibowitz said, “We expect

Are all supplements tainted?

Nearly all of the herbal dietary supplements tested in a Congressional investigation contained trace amounts of lead and other contaminants, and some supplement sellers made illegal claims that their products can cure cancer and other diseases, investigators found. So begins an article in the New York Times on a Government Accounting Office report released May

FDA Finally Getting Tough on False Food Claims

Guest Post from The Customs and International Trade Law Blog The U.S. Food and Drug Administration recently issued several warning letters to prominent food and drink companies regarding false claims displayed on their food and drink products, including those marketed to children.  Some food products brazenly claim to increase a person’s immune system, reduce the chance

Some iPhone apps may require FDA regulation

As more iPhone apps are released for medical purposes such as diagnosis and treatment of symptoms, Electronic Medical Records (EMR), and other health-related purposes, Apple‘s mobile device is garnering more attention from the FDA. Don Witters of the FDA Center for Devices and Radiological Health (CDRH) said the agency’s goal is to achieve safe, secure, and reliable

McCain supplement bill more about pro sports than public safety

To understand why Sen. John McCain introduced a bill on dietary supplements, read the press releases. The legislation announced Feb. 3  addresses public safety, but mostly it’s about the reputation and revenue of professional and Olympic sports. The evidence: McCain says in the release that “a little over a year ago the NFL suspended six

Need help registering a trademark?

If you are an established supplement company looking for assistance with an intellectual property issue, or a brand new supplement firm trying to break into the market, we are here to help! We often receive inquiries from companies looking for assistance with trademark matters.  For this very reason, we created a new form for use

NutriSupLaw Publisher Quoted in National Law Journal

Your’s truly is featured in a front page article in today’s National Law Journal by Jenna Greene entitled “Rule Reversal: Obama’s agencies after one year.”  The article provides a look at six key regulatory areas since Obama took office. On the topic of the FDA and regulation of dietary supplements, I am quoted as saying:

David Mark Ph.D. Guest Post — Vitamin D: Pumped up by the media

GUEST POST BY DAVID MARK The Washington Post recently published an article asserting that vitamin D is shaping up to be the nutrient of the year, if not the decade. The article started factually strong but weakened at the end when it made specific recommendations. The Post references an article in Consumer Reports titled “Most

What marketing draws the ire of the FDA?

Marketers of nutritional supplements often complain that they do not know what the FDA wants. Even after the agency sends a warning letter about misleading claims and advertising, its staff does not explain what would fall within the rules. That’s the reality; the FDA will tell you what’s wrong, not what’s right. Through warning letters,