Jaclyn Metzinger on Food and Drug Administration (FDA)

Misguided: The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently...more

12/22/2022 / Advertising , Dietary Supplements , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Health Claims

Food and Personal Care Product Litigation and Regulatory Highlights – March 2022

This month’s update kicks off spring with a Best in Show throwback ad comparing dog flea and tick medication, pivots to claims for survivalist ready-to-eat meals (don’t even try to act like you saw that coming), highlights...more

3/29/2022 / Class Action , Cosmetics , Dietary Supplements , Food and Drug Administration (FDA) , Food Safety , NAD , Personal Care Products

Food + Personal Care Litigation and Regulatory Highlights – January 2022

Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that the year has started off very...more

2/18/2022 / Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , NAD , Product Labels

Food Industry Litigation and Regulatory Highlights, October 2021

Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in...more

11/30/2021 / Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety , NAD

Food Industry Litigation and Regulatory Highlights, July – September 2021

If the summer slide and the start of school kept you too busy to follow what’s going on in the food scene, we hear you! Catch up on key developments below in this issue of our Food Industry Litigation and Regulatory...more

10/6/2021 / Class Action , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , USDA

Food Industry Regulatory and Litigation Highlights – June 2021

For our June review, the action stays largely in the litigation arena with vanilla getting thrown out and sustainability as well as settlements getting called into question. Meanwhile, environmental and health stakeholders...more

7/19/2021 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , PFAS , Popular , Product Labels

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – May and June 2021

The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes. Messy...more

7/19/2021 / Advertising , Cannabidiol (CBD) oil , Class Action , Dietary Supplements , Food and Drug Administration (FDA) , Marketing , NAD , Personal Care Products , Popular

Food Industry Regulatory and Litigation Highlights – April and May 2021

Welcome to our April + May combined report on food litigation, regulatory trends and events. We have a lot to report in the food world, with a number of litigation currents starting to form, and some new waves building. ...more

6/4/2021 / Class Action , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , PFAS

Food Industry Regulatory and Litigation Highlights – March 2021

Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021. The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more

4/19/2021 / Advertising , Class Action , Food and Drug Administration (FDA) , Food Labeling , Hidden Fees , NAD , Product Labels , Unfair or Deceptive Trade Practices

Dietary Supplement and Personal Care Product Regulatory and Litigation Highlights – March 2021

Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth...more

4/16/2021 / Advertising , Cosmetics , Dietary Supplements , Food and Drug Administration (FDA) , NAD , Personal Care Products

Food Litigation and Regulatory Highlights – February 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the food and beverage industry. February saw another win for industry on the vanilla front, a preemption win in California state court, and FDA...more

3/10/2021 / Food and Drug Administration (FDA) , Food Labeling , Poultry Products Inspection Act (PPIA). , USDA

Third CBD False Advertising Case Halted this Year Pending FDA Review

On June 15, the Eastern District of California, Judge Morrison J. England, granted CBD retailer Global Widget, LLC’s (“Global Widget”) request to stay the case of Glass v. Global Widget LLC, Case No. 2:19-cv-01906 (E.D. Cal.)...more

6/30/2020 / Advertising , Cannabidiol (CBD) oil , Cannabis Products , False Advertising , Food and Drug Administration (FDA)

Cosmetic or Drug? California Federal Court Refuses to Say.

Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often than not...more

5/20/2020 / Class Action , Cosmetics , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Personal Care Products

Jaclyn Metzinger

Kelley Drye & Warren LLP

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