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Advertising Health Claims False Advertising

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

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The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

Husch Blackwell LLP

Chocolate Therapy: The Legal Limits of Mood and Sleep Claims in Functional Foods

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Functional foods designed to promote relaxation, better sleep, and improved mood have exploded in popularity, and chocolate is increasingly the delivery method of choice. Calming confections featuring ingredients like...more

Holland & Knight LLP

Red Flags Over Red 40: Heightened Regulatory Scrutiny on Use of Artificial Food Dyes

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The regulatory landscape for consumer-packaged goods (CPG) brands is shifting, with artificial food dyes emerging as a central focus of both state and federal scrutiny. Recent actions by the federal and state governments,...more

Fox Rothschild LLP

Healthy Or Not? The FDA’s New Rule Redefines What “Healthy” Means On Food Labels

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The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - December 2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more

Dorsey & Whitney LLP

Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda

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The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....more

American Conference Institute (ACI)

[Event] 7th Annual Forum on Advertising Claims Substantiation - February 8th - 9th, New York, NY

While the modalities of advertising may change, advertising’s core tenant of claims substantiation remains an unwavering constant. As such, legal and regulatory professionals in marketing and advertising set their calendars...more

BakerHostetler

AD-ttorneys@law - August 2023

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CSPI: Performance Enhancer Supplements Aren’t What They Seem - Manufacturers need to start by including the advertised ingredients - Double-Dog Dare You - Would you eat something called Rauvolfia vomitoria? No? Of...more

Ervin Cohen & Jessup LLP

FTC Warns Advertisers about Unsubstantiated Product Claims and Endorsements

On April 13, 2013, the Federal Trade Commission (“FTC”) announced that it had sent a Notice of Penalty Offenses Concerning Substantiation of Product Claims and a Notice of Penalty Offenses Concerning Deceptive or Unfair...more

BakerHostetler

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

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Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more

Venable LLP

In AWAREmed Settlement FTC Says Opioid and Chronic Disease Ad Claims Must Be Backed by Science

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The Federal Trade Commission’s recent settlement with Dalal A. Akoury and AWAREmed Health & Wellness Resource Center provides a good overview of how today’s FTC approaches medical claims it believes are unsubstantiated. The...more

BakerHostetler

NAD Whitening Strips Case Illuminates How NAD May Incorporate New FTC Health Claims Guidance

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So our holiday gift from the FTC, which flew a bit under the radar if you ask us, was the Health Products Compliance Guide. This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear...more

Cooley LLP

FTC Revises Health Products Compliance Guidance

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In December 2022, the Federal Trade Commission released its Health Product Compliance Guidance, updating and replacing its 1998 industry advertising guidelines on dietary supplements. Unlike the 1998 guidelines, the new guide...more

BakerHostetler

Folks Might Be Chicken to Using Green Seals After Reading This NAD Case

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Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was...more

Dorsey & Whitney LLP

The FTC’s New Year’s Resolution for 2023: Healthier Health Claims

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Just in time for your health-focused new year’s resolutions, the FTC released an updated guide for marketers: The Health Products Compliance Guidance. This guide last issued in 1998 under a more narrow title, focusing on...more

Wilson Sonsini Goodrich & Rosati

FTC Releases Health Products Compliance Guidance

Businesses making health claims about their products (e.g., foods and dietary supplements) or services (e.g., apps) should take note of new guidance that the Federal Trade Commission (FTC) released at the end of December...more

Rivkin Radler LLP

FTC Issues New Business Guidance for Marketers and Sellers of Health Products

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On December 20, the Federal Trade Commission’s Bureau of Consumer Protection announced the issuance of Health Products Compliance Guidance. The revised Guidance updates the FTC’s 1998 guide, Dietary Supplements: An...more

BakerHostetler

AD-ttorneys@law - May 2022

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NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Proskauer - Advertising Law

Ninth Circuit Drowns Out Alkaline Water Suit

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Trader Joe’s misled consumers by representing its Alkaline Water product as “ionized to achieve the perfect balance.” In rejecting...more

Rivkin Radler LLP

CBD Health Claims Raise FTC’s Hackles (And Prompt Class Action Suits)

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Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could...more

Proskauer - Advertising Law

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Proskauer Rose LLP

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

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Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Bradley Arant Boult Cummings LLP

Operation CBDeceit Highlights Risks of CBD Health Claims

Mahatma Gandhi once said that “[i]t is health that is the real wealth, and not pieces of gold and silver.” For the six sellers of CBD-containing products targeted by the Federal Trade Commission last week, health claims will...more

BCLP

FTC Deceptive Advertising Health Claims Settlement – Scientific Proof Required

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“Treats Chronic Pain… Clinically Proven… Smart Device… Approved by the FDA…” These are all claims the Federal Trade Commission (FTC) says defendants made advertising the Willow Curve, a low-level light therapy device  (LLLT),...more

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