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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 18 posts in FDA.

SEC Brings Enforcement Actions Against Companies for Misleading COVID-19 Claims

Posted on May 28, 2020 by Kenneth M. Silverman, Morgan E. Spina, Robert C. Gagne

The U.S. Securities and Exchange Commission (the “SEC”) filed enforcement actions on May 14, 2020, against two unrelated companies, Turbo Global Partners, Inc. (“Turbo”) and Applied BioSciences Corp. (“APPB”). The SEC charged both companies with securities fraud based on alleged materially misleading statements that the companies were offering and shipping products to combat the coronavirus (COVID-19). These actions taken by the SEC are consistent with approaches taken by other regulators, including the Federal Trade Commission and Food and Drug Administration (the “FDA”), with regard to misleading statements made in connection with coronavirus-related products. On the whole, regulators appear to be particularly cognizant of businesses and individuals seeking to take improper advantage of the circumstances created by the global pandemic, and as such are taking action against such companies and individuals. Read More ›

Tags: COVID-19, FDA, FTC, SEC  |  Comments

Andrew Lustigman Quoted in Bloomberg Law on DOJ’s, FTC’s and FDA’s Attack on Coronavirus Fraudsters

Posted on May 20, 2020 by Andrew B. Lustigman

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Bloomberg Law article on the coordinated attack on coronavirus scams led by The Justice Department (“DOJ”), the Federal Trade Commission (“FTC”), and the Food and Drug Administration (“FDA”). All three agencies have filed charges against and have sent warning letters to people and companies for advertising unapproved COVID-19 treatments or preventatives. Given the import that these efforts have to public health during the pandemic, the agencies’ attention is intensely focused on preventing coronavirus fraud, so while the DOJ is investigating a wide range of fraudulent activity, the FTC and the FDA are evaluating false claims about treatments and cures. “That intensity is shown by how quickly the agencies are taking cases to court and asking for orders to stop the fraudsters,” said Mr. Lustigman. Wasting no time, the DOJ has filed at least four civil lawsuits against people allegedly selling fraudulent cures/treatments, obtaining temporary restraining orders against three of the defendants. The FTC and FDA, meanwhile, have sent warning letters both to sellers of unapproved treatments and to multi-level marketing companies for unsubstantiated claims made by their independent distributors.

Tags: COVID-19, DOJ, FDA, FTC  |  Comments

FDA and FTC Send Warning Letters to Companies Claiming That Products Can Help Boost Immune Systems Relating to Coronavirus Prevention

Posted on April 7, 2020 by Andrew B. Lustigman, Morgan E. Spina

The FDA and FTC have issued joint warning letters to companies selling products that they claim are able to treat or prevent coronavirus. The regulators sent the first set of such warning letters to several companies on March 6, 2020 and have continued to send such warning letters since. Read More ›

Tags: COVID-19, FDA, FTC  |  Comments

Olshan's 2020 Hot Topics in Advertising Law

Posted on December 19, 2019 by Andrew B. Lustigman

Happy holidays! As we enter a new year, Olshan’s Advertising & Branding groups share their list of current hot topics in advertising law. In no particular order (drum roll please), here is our top 10 list: Read More ›

Tags: Americans with Disabilities Act, California Consumer Privacy Act, CBD, CFPB, FDA, FTC  |  Comments

FDA Will No Longer Give Special Treatment for Homeopathic Drug Products

Posted on November 12, 2019 by Sheldon S. Lustigman

The U.S. Food and Drug Administration (“FDA”) has announced its intent to withdraw its Compliance Policy Guide 400.400 (1988) (“CPG 400.400”) for homeopathic drug products pursuant to which such products have been  permitted to be marketed without having to comply with the new drug, adulteration and misbranding requirements that are otherwise applied to all drug products. Under CPG 400.400, homeopathic drug products were permitted to be manufactured and marketed without the FDA approval applicable to all other drug products.  However, due to certain incidents involving improperly manufactured homeopathic drug products, in 2017 the FDA announced its intention to switch to a risk-based enforcement approach for unapproved homeopathic drug products. Read More ›

Tags: FDA  |  Comments

FTC and FDA Send Warning Letters to E-Liquid Companies Related to Deficient Social Media Endorsements

Posted on June 19, 2019 by Morgan E. Spina

As we have discussed in a prior post, the FTC and FDA have been involved in a joint effort to curb non-compliant labeling and/or advertising of e-liquids for use in e-cigarettes. For the most part, the agencies have been focused on protecting children and young people from the dangers of nicotine and tobacco products by cautioning manufacturers, distributors and retailers of e-liquid products against using labeling, packaging and/or advertising that resembles children’s food products, like juice boxes, candies or cookies. Read More ›

Tags: FDA, FTC  |  Comments

FDA and FTC Focus On Dietary Supplement Industry Disease Claims

Posted on March 4, 2019 by Andrew B. Lustigman, Morgan E. Spina

The Food and Drug Administration (“FDA”) and Federal Trade Commission (“FTC”) have issued joint warning letters focusing on disease claims being made by dietary supplement marketers. In addition, the FDA announced new steps it is undertaking with a goal toward protecting the public from potentially harmful products and unapproved claims.   Read More ›

Tags: FDA, FTC  |  Comments

What Does the Farm Bill Mean for CBD/Hemp Products?

Posted on January 7, 2019 by Andrew B. Lustigman, Morgan E. Spina

The recently enacted Farm Bill amends the Controlled Substances Act so that  hemp and CBD products containing trace amount of THC are not classified as Schedule 1 controlled substances.    While many are excited about this amendment, the law does not change FDA’s regulatory requirements for CBD-containing products under its regulatory jurisdiction. Read More ›

Tags: Advertising, cannabis, Farm Bill, FDA  |  Comments

FDA Issues Further Warning Letter to E-Liquid Company

Posted on December 5, 2018 by Andrew B. Lustigman, Morgan E. Spina

The FDA and FTC together have recently issued 13 warning letters to manufacturers, distributors, and retailers, cautioning against the sale of e-liquids for use in e-cigarettes using labeling and/or advertising that is similar to that which is found on children’s food products, like juice boxes, candies, or cookies.  The warning letters were sent in furtherance of the FDA and FTC’s efforts to protect young people from the dangers of nicotine and tobacco products.  Read More ›

Tags: FDA, FTC  |  Comments

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

Posted on June 7, 2017 by Andrew B. Lustigman

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 ›

Tags: False Advertising, FDA  |  Comments
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