According to this informative article by Greg Doherty of LA dietary supplement specialty insurance broker Poms & Associates, insurance costs for commercial general liability, including product liability, have finally leveled off for companies in the dietary supplement business. However, Doherty warns that due diligence should be discarded when purchasing the insurance, especially in light of [...]

This article from Sunday’s New York Times is a must read for attorneys involved in defending ephedra supplement manufacturers and other dietary supplement lawsuits. The article describes how defense lawyers were able to take apart the class action against silica manufacturers through ingenuity and downright good lawyering. Attorneys for nutritional supplement makers may want to [...]

CNN article here. The FTC has previously investigated the company who made Dr. Phil’s supplements, CSA Neutraceuticals, LP, but closed the investigation after the company agreed to stop making certain claims. FTC staff letter here.

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 [...]

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 [...]