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Recent Cases Highlight the Need at a Minimum to Carefully Review Underlying Substantiation Provided by a Supplier

As typically the consumer facing entity, the manufacturer has potential exposure from regulators and consumers alike for disseminating potentially unsupported claims.

Partner Andrew Lustigman authored the article "Recent cases highlight the need at a minimum to carefully review underlying substantiation provided by a supplier," published by Inside Counsel. The article discusses why, when it comes to ingredients, compliance obligations do not stop with the supplier. Manufacturers must request and examine the underlying substantiation from their suppliers in order to reasonably confirm that the data is reliable and the conclusions sound, and in some cases, even undertake their own studies.

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