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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 14 posts in FDA.

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

FDA Seeks to Redefine what “Healthy” Actually Means

Posted on March 17, 2017 by Sheldon S. Lustigman

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 ›

Tags: consumer health guidelines, FDA, Nutrient Content  |  Comments

FDA Steps Up Enforcement on Unapproved Dietary Supplement Claims

Posted on March 17, 2017 by Andrew B. Lustigman

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 ›

Tags: CGMP, dietary supplements, False Advertising, FDA  |  Comments

FDA Announces Amendment to Domestic and Foreign Food Facility Registration

Posted on July 15, 2016 by Sheldon S. Lustigman

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

Tags: FDA, Final Rule, Inspection Resources, Manufacture, Registration  |  Comments

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

Posted on May 12, 2016 by Sheldon S. Lustigman

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 ›

Tags: FDA, Health-related Products, Healthy, Nutrient Content, Tasty, Warning Letter  |  Comments
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