Category Archives: FDA

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NY AG Enters Mobile Health App Enforcement Arena with Settlements Targeting Health Claims and Privacy Practices

New York Attorney General Eric Schneiderman recently announced settlements with three mobile health app developers resolving allegations that they made deceptive advertisements and had irresponsible privacy practices. The Attorney General alleged that the developers sold and advertised mobile apps that purported to measure vital signs or other indicators of health using just a smartphone. The … Continue Reading

Ad Law News and Views Newsletter

http://ecomms.kelleydrye.com/rv/ff002e6c28b5920e40180549f84cb2de5ebc7e88Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

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FTC’s “All Natural” Cases Are More About “All” Than “Natural”

All NaturalThe Federal Trade Commission announced last week filing of four consent decrees and an administrative complaint relating to companies selling various personal care products – shampoos, sunscreens, moisturizers – featuring claims such as “all natural” or “100% natural.”  The FTC alleges that these claims were false or misleading because all of the products at issue … Continue Reading

News & Views: Dietary Supplement Advertising

untitledThis month we sent out the first edition of News & Views: Dietary Supplement Advertising. This newsletter is specifically for our clients marketing dietary supplements. We’ll cover developments ranging from FTC, FDA, and Customs to class actions and Prop 65. Check out our first issue and subscribe to future issues by filling out your information … Continue Reading

FTC Urges FDA to Reconsider Homeopathic Regulatory Framework

In a comment filed last Friday, the Federal Trade Commission (FTC) responded to its sister-agency’s request for comments by urging the Food and Drug Administration (FDA) to reconsider how homeopathic drugs are regulated.  As we discussed here, both agencies recently signaled interest in the homeopathic area with the FDA hosting a two-day public hearing last … Continue Reading

All Eyes on Homeopathics: FTC Workshop Signals Targeted Regulatory Scrutiny of Homeopathic Products

On Tuesday, the Federal Trade Commission “FTC” announced it will be hosting a workshop in September to evaluate advertising for over-the-counter homeopathic products. Homeopathy is an alternative medicine practice dating back centuries that incorporates the principle of “like cures like,” which holds that a given disease’s symptoms are “healing responses” that can be replicated by … Continue Reading

Why Marketers Should Care about FDA’s OTC Drug Review

We’re all familiar with the phrase “speak now or forever hold your peace.”  If you develop products that are in commerce pursuant to an OTC drug monograph — such as fluoride toothpastes, facial washes that also treat acne, antiperspirants, cough/cold medicines, or thousands of other products that contain a “drug” — now is the time to speak or, … Continue Reading

Fit To Be Tied? Lessons from the Fitbit Recall

The Consumer Product Safety Commission recently announced a recall of the Fitbit Force, a wireless activity-tracking wristband, because of consumer reports of rashes, skin irritation and blistering.  Consumers are directed to stop using the product and it is now illegal to sell or resell the product.  As is increasingly common, announcement of the recall was … Continue Reading

FTC Judgment Adds to Growing Number of Medical Food Regulatory Actions

The Federal Trade Commission announced recently that it obtained a $2.2 million judgment against Wellness Support Network, Inc., and its two principals.  The company claimed that its products, Diabetes Pack and Insulin Resistance Pack, could treat diabetes, insulin resistance, and various metabolic disorders.  The FTC alleged that although Wellness Support Network touted their products as … Continue Reading
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