Tag Archives: trade practices

Class Action Lawsuits and Dietary Supplements: Not Always a Fit?

Class Action Lawsuits and Dietary Supplements: Not Always a Fit?

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

A Brief Survey of the Food Safety Modernization Act

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

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,

Sending vitamin samples to bloggers? Beware new FTC rules on endorsements

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.

FTC lessons: You can do bad (advertising) all by yourself

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.