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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

BakerHostetler

NAD Jurisdiction: Can NAD Hear a Case if the Advertising Is Under Investigation by a Government Agency?

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We won’t bury the lede. The short but surprising answer here is yes. And this may be a rule ripe for reconsideration by the National Advertising Division (NAD)....more

Stradling Yocca Carlson & Rauth

Vegan Collagen and the Law: Clean Beauty Claims Face Legal Scrutiny, but Courts Urge Common Sense

Clean Beauty Legal Risks Clean beauty claims have become the current "flavor of the month" for consumer class action lawsuits, particularly in California, New York, Florida, and Texas, where plaintiff's bar activity is...more

Arnall Golden Gregory LLP

Let’s Get Clinical: FDA Issues NOV Regarding Misleading Clinical Data Promotion

When the Food and Drug Administration’s Office of Prescription Drug Promotion (“OPDP”) issued a recent Notice of Violation (“NOV”), some of us were humming, “Let’s get clinical,” to the tune of Olivia Newton-John’s 1982 hit...more

Alston & Bird

For Your Consumption – March 2025: Always Reading the Tea Leaves

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In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal...more

Arnall Golden Gregory LLP

Haven’t Got Time for the Panel: OPDP Issues Its First Notice of Violation of 2025

This (bad) pun of the 1974 Carly Simon song, “Haven’t Got Time for the Pain,” came to mind when we read the Food and Drug Administration’s Office of Prescription Drug Promotion’s (“OPDP”) first Notice of Violation of 2025....more

Kelley Drye & Warren LLP

Two Class Actions Take a ShOt at Substantiation for Lemme’s GLP-1 Daily Supplement

Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively....more

Cozen O'Connor

New York Lawsuit Hits Big Against E-Cigarettes

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New York AG Letitia James has filed a lawsuit against 13 e-cigarette companies alleging violations of state and federal laws stemming from the manufacture, distribution, and sale of flavored vape products....more

Polsinelli

Monday Morning (Advertising) Quarterback – Unprecedented Hims & Hers Super Bowl Ad Has Legislators Concerned

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The Super Bowl is not just the biggest game of the year for football fans, but it is also one of advertising’s biggest nights. Therefore, the FDA lawyers at Polsinelli were not only tuned in to root for the Kansas City Chiefs...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

King & Spalding

FDA Issues Updated Draft Guidance on Addressing Misinformation About Medical Devices and Prescription Drugs

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On July 8, 2024, the U.S. Food and Drug Administration (“FDA”) issued a new draft guidance for industry titled, Addressing Misinformation About Medical Devices and Prescription Drugs – Questions and Answers (hereafter,...more

Morrison & Foerster LLP - Class Dismissed

Health Halo Trend Continues With Poppi "Gut Healthy" Sodas

Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more

Clark Hill PLC

The Learned Concierge - March 2024, Vol. 6

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

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Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

Venable LLP

[Event] 10th Advertising Law Symposium - March 21st, Washington, DC

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It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...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

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

BakerHostetler

AD-ttorneys@law - October 2023 #2

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Sunscreen Suits: A Plaintiff Will Rise? New suit, same allegations—are counsel’s tan lines showing? When Last We Met... Here’s a brief follow-up to our summary of Akes v. Beiersdorf, Inc.—or, rather, a follow-on,...more

Clark Hill PLC

Ninth Circuit Issues Decision Clarifying Protein Labeling Requirements

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On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - August 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Revokes GRAS Status from PHOs - The U.S. Food and Drug Administration (FDA) has amended regulations in light of its determination that partially hydrogenated oils (PHOs) are no...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

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