Kelley Drye

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Last week, the Center for Environmental Health, a non-profit organization, filed a complaint in California Superior Court alleging that 34 cosmetics companies violated the California Organic Products Act of 2003 (“COPA”) by selling, labeling, or marketing cosmetic products containing less than 70% organic ingredients as “organic.” The Center seeks an order enjoining the defendants from…

This Monograph, published by the Food and Drug Law Institute, is designed to assist lawyers, regulatory advisors and marketing professionals answer the question "Can we say that?" as they design and execute programs to promote consumer health products such as foods, dietary supplements, non-prescription drugs and medical devices, cosmetics and pet care products. It serves…

Last month, the Food and Nutrition Service of the U.S. Department of Agriculture (“USDA”) issued a proposed rule that would revise the meal patterns and nutrition requirements for the National School Lunch Program (“NSLP”) and the School Breakfast Program (“SBP”). The proposed rule, which is intended to improve the dietary habits of school children, would…

This post was written by Sarah Roller

On October 26, 2010, the Institute of Medicine held the first meeting of its Phase II “Examination of Front-of-Package Nutrition Rating Systems and Symbols.” As discussed in our client advisory regarding IOM’s Report on Phase I of the “Examination of Front-of- Package Nutrition Rating Systems and Symbols,” Phase II will focus on consumer understanding and use of front-of-package systems and symbols. IOM is charged with considering which icons are the most effective with consumer audiences, developing conclusions about the systems and icons that best promote health and how to maximize their use, and assessing the potential benefits of a single, standardized front-label food guidance system regulated by the Food and Drug Administration (FDA).

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Continue Reading IOM Holds First Meeting Regarding Phase II of “Examination of Front-of- Package Nutrition Rating Systems and Symbols”

This post was written by Sarah Roller

In response to the disturbing rates of overweight, obesity, and diet-related chronic disease among Americans, Congress requested an Institute of Medicine (IOM) study that would examine “front-of-package” (FOP) nutrition labeling systems and symbols and the effects that FOP labeling could have on consumer food choices. With sponsorship from…

This post was written by Sarah Roller

The U.S. 8th Circuit Court of Appeals recently ruled that certain false advertising claims based on state consumer protection and anti-deception statutes were not preempted by the Organic Foods Production Act of 1990 (OFPA)— a federal Act that establishes national standards for the sale and labeling of organically…

On June 15, 2010, the Dietary Guidelines Advisory Committee issued the “Report of the Dietary Guidelines Advisory Committee on the Dietary Guidelines for Americans, 2010” (“Advisory Report” or “Report”). The Advisory Report is intended to provide the United States Department of Agriculture (USDA) and the Department of Health and Human Services (HHS) “with a strong…

On May 19, 2010, the Federal Trade Commission (FTC) approved a final settlement order with the Indoor Tanning Association charging that the association exaggerated the health benefits of indoor tanning and misrepresented that indoor tanning increases the risk of skin cancer. The settlement bars the Association from making misrepresentations about the health and safety of indoor tanning and requires that future advertisements from the association that make health or safety claims be accompanied by clear and prominent disclosures about the risks of indoor tanning. The Indoor Tanning Association represents tanning facilities and suppliers of tanning equipment.
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Continue Reading Settlement with Indoor Tanning Association Regarding Claims Characterizing Disease Risks for Tanning and Vitamin D Supplements