Litigating Nutrition: Class Action Battles Over Dietary Supplements – Speaking of Litigation Video Podcast
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Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without “forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that “most traditional cookware...more
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
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
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
On April 10, 2025, the FDA held a public webinar on the updated criteria for companies to use the “healthy” nutrient content claim. This webinar tracked the final rule issued on December 27, 2024....more
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
On December 27, 2024, the U.S. Food and Drug Administration (FDA) published a final rule updating the criteria regarding when foods may be labeled with the nutrient content claim “healthy” and derivatives thereof—“health,”...more
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
The US Food and Drug Administration (FDA) released the final rule providing new criteria for when foods may be labeled with the nutrient content claim “healthy.” This rule, released on December 19, 2024, has been a priority...more
Yesterday, FDA released the final rule that updates the definition for “healthy” nutrient content claims. In an update that may be long overdue, manufacturers who use the term “healthy” (or derivative terms: “health,”...more
U.S. Representatives Ayanna Pressley (D-Mass.), Nydia M. Velázquez (D-N.Y.) and Shontel Brown (D-Ohio) have sent a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf seeking an update on the agency’s...more
When it comes to dietary supplement class actions, there’s a little less class and a lot more action. In this episode of Speaking of Litigation, Epstein Becker Green litigators Teddy McCormick, Jack Wenik, and Robert Lufrano...more
ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how...more
In an industry full of buzzwords, “adaptogens” and “nootropics” are current stand outs within the beverage industry. The beverage industry experienced a significant shift in consumer preference following the COVID-19...more
The U.S. Food and Drug Administration (FDA) will allow qualified health claims asserting the consumption of yogurt is associated with a reduced risk of type 2 diabetes, according to a constituent update. FDA reportedly found...more
Marketers of yogurt products may celebrate the latest approval by the Food and Drug Administration (“FDA”) of a new qualified health claim related to the consumption of yogurt and type 2 diabetes. However, producers of such...more
When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more
The US Food and Drug Administration (FDA) recently announced in a letter of enforcement discretion its decision not to challenge certain qualified health claims regarding the consumption of yogurt and reduced risk of type two...more
Whether a consumer is taking calcium carbonate for strong bones, magnesium to fall asleep, or high-dose caffeine to stay awake, the U.S. Food and Drug Administration (FDA) does not approve dietary supplements for safety and...more
As the cannabis industry continues to navigate choppy economic and legal waters into 2024, some cannabis companies are pivoting to the smokable herbs market. And I do not mean to those hemp-derived intoxicating cannabinoids...more
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
Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more
The U.S. Food and Drug Administration’s (FDA’s) broad definition of “misbranding” has created some industry confusion, while the Federal Trade Commission’s (FTC’s) updates to its Health Products Compliance Guidance have done...more
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