Comments for Food, Beverage & Nutrition Law Blog http://nutrisuplaw.com Arnstein & Lehr LLP Wed, 15 Feb 2012 13:17:50 +0000 hourly 1 http://wordpress.org/?v=3.3.2 Comment on Class Action Lawsuits and Dietary Supplements: Not Always a Fit? by David A. Mark http://nutrisuplaw.com/class-action-lawsuits-and-dietary-supplements-not-always-a-fit/comment-page-1/#comment-3882 David A. Mark Wed, 15 Feb 2012 13:17:50 +0000 http://nutrisuplaw.com/?p=1729#comment-3882 Mr. Rothman - Very informative article. I was considering addressing the same topic from a scientist's perspective, but your take from the legal aspect of view is more to the point. Wouldn't the key point - that because responses to a dietary supplement are not uniform, hence negating the idea of their being a "class" of similarly defrauded individuals, also apply to drugs? Would the case be stronger if there were no positive results from randomized, controlled trials such as mentioned in the Celsius example? How about a mix: say four negative trials and one positive? Lastly, for subjectively assessed symptoms, such as pain or mental state, there is a known placebo effect in the range of 30-40%. If a hypothetical product for headache relief had no active ingredients whatsoever, yet 40% of users claimed improvement, would this hinder succeeding with a class action lawsuit? Mr. Rothman – Very informative article. I was considering addressing the same topic from a scientist’s perspective, but your take from the legal aspect of view is more to the point.

Wouldn’t the key point – that because responses to a dietary supplement are not uniform, hence negating the idea of their being a “class” of similarly defrauded individuals, also apply to drugs?

Would the case be stronger if there were no positive results from randomized, controlled trials such as mentioned in the Celsius example? How about a mix: say four negative trials and one positive?

Lastly, for subjectively assessed symptoms, such as pain or mental state, there is a known placebo effect in the range of 30-40%. If a hypothetical product for headache relief had no active ingredients whatsoever, yet 40% of users claimed improvement, would this hinder succeeding with a class action lawsuit?

]]> Comment on Is the Amazing Saga of Kevin Trudeau v. Federal Trade Commission Finally Over? by Emma Brown http://nutrisuplaw.com/is-the-amazing-saga-of-kevin-trudeau-v-federal-trade-commission-finally-over/comment-page-1/#comment-3851 Emma Brown Tue, 14 Feb 2012 22:40:42 +0000 http://nutrisuplaw.com/?p=1714#comment-3851 It's really important that the FDA and other bodies clamp down quickly on people making false claims, but even more important that blogs like follow up and remind people of who they are buying from. We run a coupon website in Canada and have stopped running offers on this and similar books making unlikely health claims. It’s really important that the FDA and other bodies clamp down quickly on people making false claims, but even more important that blogs like follow up and remind people of who they are buying from. We run a coupon website in Canada and have stopped running offers on this and similar books making unlikely health claims.

]]> Comment on Trudeau in hot water with FTC over weight loss book by FTC against Kevin Trudeau making false claims supplements | Food, Beverage & Nutrition Law Blog http://nutrisuplaw.com/trudeau-in-hot-water-with-ftc-over-weight-loss-book/comment-page-1/#comment-3793 FTC against Kevin Trudeau making false claims supplements | Food, Beverage & Nutrition Law Blog Mon, 13 Feb 2012 10:11:25 +0000 http://nutrisuplaw.com/?p=200#comment-3793 [...] 2007, the FTC obtained a court order from the U.S. District Court for the Northern District of Illin... for misrepresentations he made on television about the content of his book, The Weight Loss Cure [...] [...] 2007, the FTC obtained a court order from the U.S. District Court for the Northern District of Illin… for misrepresentations he made on television about the content of his book, The Weight Loss Cure [...]

]]> Comment on Bausch & Lomb defends nutritional supplement patent by Relief Jones, III, MD http://nutrisuplaw.com/bauch-lomb-defends-nutritional-supplement-patent/comment-page-1/#comment-2979 Relief Jones, III, MD Fri, 23 Sep 2011 17:43:08 +0000 http://nutrisuplaw.com/?p=62#comment-2979 Question? Do contract manufacturers legally have to maintain the secret ingredients in one's nutritional supplement? Most companies don't manufacture their own products but outsource that to a contract manufacturer. Are those companies obligated by law to keep your formula secret? Are they liable if they leak it to other companies? Question? Do contract manufacturers legally have to maintain the secret ingredients in one’s nutritional supplement? Most companies don’t manufacture their own products but outsource that to a contract manufacturer. Are those companies obligated by law to keep your formula secret? Are they liable if they leak it to other companies?

]]> Comment on FDA Commissioner Attempts to Curb Regulated Drug Use in Nutritional Supplements by Suplimente alimentare http://nutrisuplaw.com/fda-commissioner-attempts-to-curb-regulated-drug-use-in-nutritional-supplements/comment-page-1/#comment-2975 Suplimente alimentare Mon, 19 Sep 2011 10:32:24 +0000 http://nutrisuplaw.com/?p=1604#comment-2975 I'm not sure if this is the way to go - "The FDA is hoping that this letter is spread widely throughout the industry in order to eradicate the use of chemicals regulated as drugs in nutritional supplements." - I don't think the boys will let go of their "succesfull" business due to this letter. We'll see I’m not sure if this is the way to go – “The FDA is hoping that this letter is spread widely throughout the industry in order to eradicate the use of chemicals regulated as drugs in nutritional supplements.” – I don’t think the boys will let go of their “succesfull” business due to this letter. We’ll see

]]> Comment on Drug’s Active Ingredient Sold on Internet by The Toxic 12- Triclosan – Jacquelyn http://nutrisuplaw.com/drugs-active-ingredient-sold-on-internet/comment-page-1/#comment-2974 The Toxic 12- Triclosan – Jacquelyn Sun, 18 Sep 2011 19:19:36 +0000 http://nutrisuplaw.com/?p=28#comment-2974 [...] Ingredients to Avoid in CosmeticsActive Ingredient in Marijuana Kills Brain Cancer Cells?Drug’s Active Ingredient Sold on InternetBelize ambassador guest of honor at city hall tonight – Cape Fear Watchdog$ - Wilmington Star [...] [...] Ingredients to Avoid in CosmeticsActive Ingredient in Marijuana Kills Brain Cancer Cells?Drug’s Active Ingredient Sold on InternetBelize ambassador guest of honor at city hall tonight – Cape Fear Watchdog$ – Wilmington Star [...]

]]> Comment on Tahitian Noni in legal tussle with former MLM executive by Carmenlita Holloway,PhD http://nutrisuplaw.com/tahitian-noni-legal-tussle-mlm-executive/comment-page-1/#comment-2971 Carmenlita Holloway,PhD Sat, 03 Sep 2011 13:20:52 +0000 http://nutrisuplaw.com/?p=482#comment-2971 I find it interesting that people think that leaving one MLM for another MLM is considered “jumping ship” or a display of lack of commitment/loyalty. Working people change jobs everyday for a variety of reasons … How is this different? When an executive, manager, employee or even “you” begin to feel that they’ve reached an end-of-the-road position, reach the glass ceiling or desire to make more money and opportunity present itself with another company, it’s not considered “jumping ship”. No one normally challenges that. Robert Dean made an ungodly amount of money for Noni, they would not have tried to sue him otherwise. When the prized horse decided to leave the stable, all hell broke loose. In MLM’s you’re an independent contractor not an employee, remember that! Be independent and do what’s best for you, because MLM’s allow “you” to determine your worth based on your efforts. If you made 1 million dollar working with company A and you felt you reached a glass ceiling and company B presented you with an opportunity to do it bigger, better and on your own terms … Would you stay? Remember only 2% really make a difference in business and the remaining 98% just follow along. Robert Dean is in that 2%, what percent are you? I find it interesting that people think that leaving one MLM for another MLM is considered “jumping ship” or a display of lack of commitment/loyalty. Working people change jobs everyday for a variety of reasons … How is this different? When an executive, manager, employee or even “you” begin to feel that they’ve reached an end-of-the-road position, reach the glass ceiling or desire to make more money and opportunity present itself with another company, it’s not considered “jumping ship”. No one normally challenges that. Robert Dean made an ungodly amount of money for Noni, they would not have tried to sue him otherwise. When the prized horse decided to leave the stable, all hell broke loose. In MLM’s you’re an independent contractor not an employee, remember that! Be independent and do what’s best for you, because MLM’s allow “you” to determine your worth based on your efforts. If you made 1 million dollar working with company A and you felt you reached a glass ceiling and company B presented you with an opportunity to do it bigger, better and on your own terms … Would you stay? Remember only 2% really make a difference in business and the remaining 98% just follow along. Robert Dean is in that 2%, what percent are you?

]]> Comment on Dietary Supplement Firms, CGMPs and the Park Doctrine by Food Modernization Act | Supplements http://nutrisuplaw.com/dietary-supplement-firms-cgmps-and-the-park-doctrine/comment-page-1/#comment-2958 Food Modernization Act | Supplements Wed, 24 Aug 2011 04:23:16 +0000 http://nutrisuplaw.com/?p=1620#comment-2958 [...] potentially adulterated products).  Coupled with the possibility of criminal sanctions under the Park Doctrine, dietary supplement firms should navigate the changing regulatory landscape cautiously and adopt [...] [...] potentially adulterated products).  Coupled with the possibility of criminal sanctions under the Park Doctrine, dietary supplement firms should navigate the changing regulatory landscape cautiously and adopt [...]

]]> Comment on Arnstein & Lehr Announces Food, Beverage & Nutrition Law Blog by Ehsan http://nutrisuplaw.com/arnstein-lehr-announces-launch-of-food-beverage-nutrition-law-practice-group/comment-page-1/#comment-2956 Ehsan Fri, 19 Aug 2011 04:50:00 +0000 http://nutrisuplaw.com/?p=1652#comment-2956 It is actually a nice and helpful piece of information. I am glad that you just shared this helpful info with us. Please keep us up to date like this. Thank you for sharing. It is actually a nice and helpful piece of information. I am glad that you just shared this helpful info with us. Please keep us up to date like this. Thank you for sharing.

]]> Comment on Twinlab competitor seeks to invalidate FUEL trademarks. by XTreme Fuel Treatment http://nutrisuplaw.com/fuel-for-dietary-supplement-fire/comment-page-1/#comment-2936 XTreme Fuel Treatment Thu, 28 Jul 2011 02:36:39 +0000 http://nutrisuplaw.com/?p=50#comment-2936 When fossil fuels and petrochemical fertilizers are gone, Earth will be able to sustain only 1 Billion People? When fossil fuels and petrochemical fertilizers are gone, Earth will be able to sustain only 1 Billion People?

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