On Tuesday, the FTC issued warning letters to three companies selling CBD products. The companies, which FTC did not identify publicly, allegedly illegally advertised CBD products as being able to treat or cure serious diseases and health conditions without competent and reliable scientific evidence to support such claims. As we have written about previously,
CBD and False Advertising: Lessons Learned From The Food Court
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of consumer false advertising litigation. Lawsuits filed in California and New York help illustrate what kinds of cases are already being brought
The Slack Fill Dismissal Streak Continues in the Southern District of New York
A label contains an accurate net weight of the amount of product inside. The packaging is clear, allowing consumers to view a pump mechanism common in the cosmetics world. So, where’s the deception?
According to the Southern District of New York – there is none. In Critcher et al. v. L’Oreal USA, Inc., et al.,
Senators Introduce Bipartisan Effort to Regulate Health Apps, Biometrics & Wearables
A new bill introduced in the Senate Health, Education, Labor, and Pensions (HELP) Committee would impose federal regulatory obligations on health technology businesses that collect sensitive health information from their service users and customers.
The Protecting Personal Health Data Act, S.1842, introduced by Senators Amy Klobuchar (D-Minn.) and Lisa Murkowski (R-Alaska), seeks to close
Five Key Takeaways From FDA’s CBD Public Meeting
With CBD projected to be a $450 Million industry in the coming year, FDA hosted a packed house of industry stakeholders last week in a day-long public meeting that was the kickoff of a discussion to determine whether there is a pathway for CBD in ingestible products such as foods and dietary supplements. See our
FTC Tells Congress it Will Explore Tougher Penalties for Made in USA Fraud; Agency Plans Workshop
On May 9, the Federal Trade Commission Chairman and Commissioners testified before the House Committee on Energy and Commerce’s Subcommittee on Consumer Protection and Commerce on a number of issues. Reaffirming a previous commitment for increased scrutiny of deceptive “Made in USA” advertising, FTC Chairman Simons told Congress the agency plans to hold a workshop
FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the Federal Trade Commission Act (“FTCA”). Although this is the first time the FDA and FTC have issued joint warning letters relating to CBD, the FDA
FDA Tightening Oversight of Dietary Supplement Industry
This morning, the FDA announced its intention to engage in greater oversight of the dietary supplement industry. The announcement also conveyed that the Agency had sent 12 warning letters and five advisory letters to companies over the prior two weeks. Some of these letters were jointly issued by FDA and the Federal Trade Commission, focusing
Top 5 Tips for Avoiding “Made in USA” Enforcement in 2019
The FTC’s “Hey Nineteen” blog post caught our attention this past week, and not just for its witty title. One of those reasons is the reference to continued interest in “Made in USA” claims. As we’ve written about here, “Made in America” has been a frequent enforcement target in recent years and
Five Cannabidiol (CBD) Regulatory Myths
The 2018 Farm Bill legalized cultivation and processing of industrial hemp and various by-products. One hemp-based derivative of considerable interest to manufacturers of personal care products, dietary supplements, cosmetics, and OTC drugs is cannabidiol (“CBD”). As industry races to commercialize and advertise CBD, it’s important to understand the regulatory hurdles that remain. Ad law partner,