I have an article published in this month’s Nutritional Outlook that discusses our recent big win for energy drink maker Celsius in a class action filed against it in California state court. My article discusses class actions challenging advertising and labeling claims for dietary supplements and food products in which companies are accused of making…
Editor’s Note: This article is written by contributing writer Shafiel A. Karim Earlier this year, President Obama signed the Food Safety Modernization Act (FMSA), which amends various portions of the United States Code relating to FDA’s powers to detain and regulate domestic and imported food products. While the law was primarily drafted to grant the…
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,…
David Frum could have lowered his rhetorical blood pressure in his CNN.com guest commentary on the evils of dietary supplement marketing by reading the FTC regulations that go into effect on Tuesday. His column then would have begun: The party is over Dec. 1.
On Nov. 12, drugmakers and search-engine advertising agencies participated in about 30 presentations before the FDA. The hearing room was so crowded that most people seeking an audience seat were turned away. What did the company executives say?
Should there be a language standard in Google ads for supplements? Drug marketers may adopt rules given the close scrutiny that the FDA is giving search-generated ads for pharmaceuticals. It may also be time for makers and marketers to set rules what is allowed.
The Web has erupted with news, opinion and practical guidance on the new FTC rules that apply to disclosures on blogger freebies. As a public service, NutriSupLaw offers a sampling of the best of initial analysis.
If your marketing plan includes raising awareness through bloggers, read the latest FTC announcement on disclosure of freebies. The agency says that bloggers who review products given to them for free should disclose that fact in some circumstances. Failure to do so will not affect thebloggers, but could trigger FTC action against marketers for what the agency considers deceptive practices.
How closely can nutritional supplement companies connect with the fast-moving world of social media? The FDA will address these questions at a hearing Nov. 12-13 in Washington. The agency is soliciting comments in the Federal Register.
The Federal Trade Commission provides advertising lessons in its proposed settlement with CVS to refund nearly $2.8 million to buyers of the retailer’s Air Shield dietary supplement. The drug store chain made cold-prevention claims for the product that were similar to those for competing products, Airborne and Germ Defense. Those product claims also ran afoul of the FTC and cost their companies.