Tag Archives: FTC

FTC Publishes New Guidance for Social Media Influencers: “Disclosures 101”

While the Food and Drug Administration (FDA) is the primary regulatory authority for food, dietary supplements, cosmetics, tobacco products, and other related products, the Federal Trade Commission (FTC) regulates advertising and promotion of these products.  The FTC is charged with ensuring that all material claims are truthful and non-misleading, and are supported by competent and … Continue Reading

FDA and FTC Send Warning Letter for Marketing Unapproved Drugs and Dietary Supplements Containing CBD

On October 10, the FDA and FTC sent a joint warning letter to Rooted Apothecary LLC for illegally selling unapproved drug products containing cannabidiol (CBD) online with unsubstantiated claims that the products treat teething pain and ear aches in infants, autism, attention-deficit/hyperactivity disorder (ADHD), Parkinson’s and Alzheimer’s disease, among other conditions. As described in the … Continue Reading

FTC Steps Up Enforcement Against CBD Health Claims

CBD-infused products continue to flood the market as the U.S. Food and Drug Administration (FDA) explores additional regulatory pathways for hemp products containing cannabidiol (CBD). Currently, under the Federal Food, Drug and Cosmetic Act, CBD cannot lawfully be added to a food or marketed as a dietary supplement. On September 10, 2019, the Federal Trade … Continue Reading

FDA and FTC Take Enforcement Action on E-Liquids That Resemble Foods

FDA has joined the Federal Trade Commission (FTC) in issuing warning letters to 13 companies that market nicotine-containing e-liquids in packaging that has the appearance of being foods that appeal to children, such as juice boxes, candies, and cookies. FDA and FTC took action based on the risk that consumers, especially children, may confuse the … Continue Reading

FTC Complaint Targets Egg Supplier Ads

The Humane Society of the United States (HSUS) has filed a complaint with the FTC against a national egg marketer alleging false animal welfare advertising. Animal raising claims, such as “pasture raised” have come under increased scrutiny in recent years.  For example, as previously discussed on this blog, the term “pasture raised” was the subject … Continue Reading

Organic Industry Calls for Federal Policies to Strengthen Integrity of the Organic Seal

The organic industry, led by the Organic Trade Association, has called for federal policies to ensure “organic” always means “organic”. Organic production in the U.S. is regulated by the U.S. Department of Agriculture’s National Organic Program (NOP) under the Organic Foods Production Act of 1990 (OFPA) (Public Law 101-624, Nov. 28, 1990).  The national standards … Continue Reading

“Natural” and “Organic” Growth

The continued uptick in “Natural” and “Organic” claims combined with increased consumer confusion concerns may result in new and strengthened federal regulations. (subscription to Bloomberg BNA required) Foods sporting “natural” and “organic” claims are on the rise in response to increasing consumer demand for cleaner, “healthier” foods.  The growth in “natural” foods, in particular, continues despite the … Continue Reading

Substantiation Showdown

Bayer prevails over FTC in case addressing claim substantiation for dietary supplements. In the dietary supplement advertising area, the Federal Trade Commission (FTC) takes enforcement action where companies lack “competent and reliable scientific evidence” to substantiate marketing claims.  In 2014, the FTC initiated civil contempt proceedings against Bayer related to claims for a probiotic supplement, alleging that the … Continue Reading

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