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Food, Drug, Dietary Supplement & Cosmetic Compliance and Transactions

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Practical Legal Advice on Health and Beauty Advertising

The Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) regulate the marketing of food, prescription and over-the-counter drugs, dietary supplements, and cosmetics in the U.S, the latter including anti-aging makeup, skin care, hair care products and medical devices.

The regulatory requirements can be stringent and, at times, can appear to infringe on clients’ First Amendment Rights. We work closely with clients and experts to help ensure that their labeling, advertising and marketing messaging and campaigns comply with applicable standards, which includes advising on claim substantiation, testimonials, and health and performance claims.

Should regulatory inquiries and investigations arise, we defend federal and state regulatory actions as well as private Lanham Act claims relating to product marketing and compliance matters. We also represent clients in matters relating to individual state regulatory boards, such as the state Boards of Pharmacy, which govern drug substitution and similar issues. Additionally, we frequently appear before self-regulatory boards such as the National Advertising Division and the Electronic Retail Self-Regulation Program regarding advertising challenges and investigations.

In addition to providing regulatory and compliance counseling to our clients in the food, drug and cosmetic sector, we structure and negotiate a wide array of commercial arrangements including licensing, co-development, marketing, distribution and promotion agreements.

Contact one of our attorneys, experienced in food, drug, dietary supplement and cosmetic law:

Andrew Lustigman Email
Sheldon Lustigman Email
Claudia Dubón Email

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