trade practices

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, [...]

No more kicking around the vitamin hustlers

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.

Supplement advertising could hinge on FDA hearings

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?

Little Google ad words, big problems

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.