In the following article authored by University of Arizona Law Professor Jane Bambauer, the professor makes a compelling argument that FTC/FDA regulation of health claims should focus on situations where the government has compelling evidence of actual harm. Professor Bambauer offers an opinion that high standards for health benefit claims can effectively silence commercial speech
TINA Has Eyes on Goop
The consumer advocacy non-profit Truth in Advertising, Inc. (TINA.org) has set its sights on Goop, the lifestyle brand launched by Gwyneth Paltrow. In a complaint filed earlier this week with the Santa Clara and Santa Cruz County California district attorneys, both members of the California Food and Drug and medical Device Task Force, TINA alleges they found over 50 instances where claims were made that products Goop produces or promotes “can treat, cure, prevent, alleviate the symptoms of, or reduce the risk of developing a number of ailments.” TINA has requested that the California district attorneys investigate Goop’s marketing practices.
This is not the first time Goop has been forced to defend claims that it promotes. Last summer, the National Advertising Division took issue with claims related to using “dust” dietary supplements, such as Action Dust and Brain Dust, both sold by Moon Juice. The NAD closed the case after Goop agreed to permanently discontinue the dust claims.
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NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims
The National Advertising Division of the Better Business Bureaus, a self-regulatory body that polices national advertising, recently gave an a-OK to certain dietary supplement immunity claims. The action was initiated under NAD’s partnership with the Council for Responsible Nutrition against dietary supplement maker Olly Public Benefit Corporation. CRN requested that NAD determine whether Olly had
Oregon Attorney General Announces $545,000 Settlement with Retailer
The Oregon AG recently announced a $545,000 settlement with the Vitamin Shoppe over allegations that the store violated Oregon state law by selling dietary supplements containing ingredients that FDA has deemed unsafe or unlawful. The new settlement agreement places significant burdens on the Vitamin Shoppe to monitor developments on ingredient status. The burdens are the
Ad Law News and Views Newsletter
Did 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:
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Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up
News & Views: Dietary Supplement Advertising
This 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
FDA Releases Guidance on Implementation of FSMA Fee Provisions
The Food and Drug Administration (“FDA”) has released a question and answer guide to its implementation of the fee provisions of the Food Safety Modernization Act of 2011. The purpose of the fee provisions is to allow the FDA to recover reinspection, recall noncompliance, and importer program related costs from domestic and foreign facilities and
FTC Seeks Comment Regarding Retail Food Store Advertising and Marketing Practices Rule
Posted by Sarah Roller
On August 18, 2011 the FTC issued a request for public comment and advance notice of proposed rulemaking (ANPR) as part of the Commission’s review of the costs, benefits, necessity, and regulatory and economic implications of its “Retail Food Store Advertising and Marketing Practices” rule, commonly called the “Unavailability Rule,” 16
Sens. Hatch and Harkin Send Letter to FDA in Anticipation of NDI Guidance
Senators Hatch and Harkin, the principle architects of the Dietary Supplements Health and Education Act (DSHEA) (amending the Federal Food Drug and Cosmetic Act (FDCA)), submitted a letter yesterday to FDA Commissioner Margaret Hamburg "exress[ing] their support for the upcoming new dietary ingredients (NDI) guidance." The Senators stated that the guidance should reflect the intent