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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 9 posts in FDA.

Jelly Belly Sued for Failing to Adequately Disclose the Presence of Sugar in Its “Sports Beans”

With consumers ever more ingredient-conscious, brands must be careful of how they describe them, particularly when the product may be positioned as a “healthy” version. Read More ›

FDA Seeks to Redefine what “Healthy” Actually Means

What the FDA considers “healthy” remains a major source of contention. The FDA has started a public process to redefine the “healthy” claim on food labeling to update existing food choices which will hopefully bring clarity to the issue. Read More ›

FDA Steps Up Enforcement on Unapproved Dietary Supplement Claims

FDA regulations prohibit making drug claims for dietary supplement products even if such claims are supported by scientific evidence. A recent FDA enforcement action involving dietary supplement products promoted to address high cholesterol, hypertension, diabetes, depression and muscle pain claims show that the agency is prepared to take significant steps where manufacturers continue to make drug claims for dietary supplement products, particularly where the facility fails to meet CGMP requirements. Read More ›

FDA Announces Amendment to Domestic and Foreign Food Facility Registration

A Final Rule has been issued by the FDA amending its regulations for registration of foreign and domestic food facilities. Read More ›

FDA Permits Limited Use of the Term “Healthy”On Food Labels

FDA issued letters to KIND, LLC over its use of the terms "healthy and tasty" in connection with its listing of product ingredients. Read More ›

Andrew Lustigman Quoted in Bloomberg’s Electronic Commerce & Law Report

Olshan Advertising, Marketing & Promotions Practice Group Leader Andrew Lustigman was extensively quoted in the Electronic Commerce & Law Report published by Bloomberg BNA addressing the outlook of social media advertising.  Read More ›

OMG! Kim Kardashian Warning Letter Sends Wake Up Call to Brands To Actively Monitor Social Media Posts

Brands must actively monitor the posts by social media influencers, particularly where there is a business relationship, either directly or indirectly, between them. Read More ›

Pharmaceutical Manufacturers Can Tout Off-Label Uses of Prescription Drugs

In the United States District Court for the Eastern District of New York, pharmaceutical sales representative Alfred Caronia was convicted of conspiracy to introduce a misbranded drug into interstate commerce, a misdemeanor. Read More ›