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Legal and Regulatory updates for the food and supplement industry

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FDA and FTC Issue Warning Letters to Companies Selling Fraudulent Products to Treat or Prevent COVID-19

Posted on March 11, 2020
  • The FDA and FTC issued joint warning letters to seven companies for selling fraudulent COVID-19 (Novel Coronavirus Disease 2019) products. The warning letters were sent to Vital Silver, Quinessence Aromatherapy

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Continue Reading FDA and FTC Issue Warning Letters to Companies Selling Fraudulent Products to Treat or Prevent COVID-19

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

Posted on November 8, 2019
  • 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

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

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

Posted on October 23, 2019
  • 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

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

FTC Steps Up Enforcement Against CBD Health Claims

Posted on September 12, 2019
  • 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,

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Continue Reading FTC Steps Up Enforcement Against CBD Health Claims

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

Posted on May 3, 2018
  • 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

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

FTC Complaint Targets Egg Supplier Ads

Posted on October 25, 2016

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

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Continue Reading FTC Complaint Targets Egg Supplier Ads

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

Posted on October 20, 2016

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.

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

“Natural” and “Organic” Growth

Posted on August 26, 2016

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”

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Continue Reading “Natural” and “Organic” Growth

Substantiation Showdown

Posted on October 2, 2015

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

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Continue Reading Substantiation Showdown

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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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