• On May 26, 2020, the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) issued joint warning letters to four companies for the marketing and sale of products


Continue Reading FDA and FTC Issue Warning Letters to Companies Marketing and Selling Products Deemed Fraudulent for the Treatment or Prevention of COVID-19

  • On May 14, 2020, the Hon. Ronald A. White, a federal judge in the United States District Court for the Eastern District of Oklahoma, issued a Temporary Restraining Order (“TRO”)


Continue Reading Federal Court Enters Temporary Restraining Order Against Xephyr LLC (dba N-Ergetics) to Prevent the Sale and Distribution of Colloidal Silver Products for Treatment of COVID-19

 

  • A multi-state listeriosis outbreak linked to consumption of Blue Bell Creameries’ ice cream products in 2015 lead to state regulatory enforcement actions (discussed here) and multiple civil lawsuits.  As


Continue Reading Blue Bell Pleads Guilty to Distributing Adulterated Ice Cream and Former President Faces Charges of Criminal Conspiracy to Conceal Listeria Contamination

  • We previously reported on FDA’s March 16, 2018 warning letter to Bhavani Fruits and Vegetables LLC for “serious violations” of Current Good Manufacturing Practice (CGMP) requirements under 21 CFR Part


Continue Reading FDA Enforcement Actions Following Findings in Food Facility Inspections of “Serious Violations” of CGMP Requirements in 21 CFR Part 117

 

  • We previously reported on a flurry of FDA enforcement actions in 2015 based on adulteration per se, which followed years of relative inaction in the dietary supplement marketing arena outside


Continue Reading 11th Circuit Rules for Plaintiffs in Class Action Lawsuit Based on Economic Loss From Purchase of ‘Worthless’ Supplements Containing DMBA – an Impermissible NDI

 Danone Dodges Deceptive Ad Suit Over Coconut Milk (Subscription to Law360 required)

  • The U.S. District Court for the Southern District of California on August 14, 2019 dismissed a proposed class


Continue Reading As FDA Considers Revisions to the Regulatory Definition, a Federal Court Agrees That Consumers Are Not Misled by Coconut Milk Marketed as “Healthy”

  • With little fanfare, FDA issued a new Import Alert (IA 99-41) to prevent the importation of foods by importers who are not in compliance with the Foreign Supplier Verification


Continue Reading FSVP Follow-up