NutriSupLaw articles

Ephedra MDL Class Settlement Rejected

In an attempt to resolve the 300+ ephedra injury claims in the Metabolife Bankruptcy, settlement counsel for Metabolife and non-coordinating counsel for plaintiffs hashed out a global settlement that was dependent on conditional class certification. However, the MDL denied certification, and just released its opinion, the full text of which follows. In re EPHEDRA PRODUCTS

A USDA about-face on Organic products

The federal Organic Food Products Act of 1990, 7 U.S.C. §§6501 et seq. (“OFPA”), created a certification scheme for organic products that is implemented by the National Organic Program (NOP) of the US Dept. of Agriculture (USDA). The NOP establishes and enforces standards for labeling of agricultural and food products as “organic,” issues regulations regarding

Actual Confusion

Confusion, or lack thereof, is a vitally important concept in trademark law. Proving your client’s mark may be confused with an infringer’s mark is critical to prevailing on an infringement claim. This is generally accomplished by marshalling evidence to show a likelihood of confusion between your client’s mark and the infringer’s. In Hi-Tech Pharmaceuticals, Inc.

McClain v. Metabolife

The McClain decision is a watershed for counsel defending dietary supplement manufacturers in products liability cases. In almost all such cases, the plaintiff relies upon expert testimony to make a causal connection between the ingredients in a supplement and his or her alleged injuries. In McClain, the Eleventh Circuit reversed a $4,178,500.00 plaintiffs’ verdict in


Welcome friends to the first legal weblog devoted entirely to the nutitional supplement industry. This first post will give you the what and why of this blog, as in what I am going to write about here and why I am writing it. For more information on who I am, click the “About” link on