By John R. Fleder & Riëtte van Laack – On Friday, January 30, almost nine months after the oral argument, the U.S. Court of Appeals for the D.C. Circuit issued its Opinion in POM Wonderful Inc. v. FTC. We have previously blogged on this case (see …
By Riëtte van Laack – As we previously reported, the Farm Bill of 2014 tasked the Agricultural Marketing Service (AMS) with the preparation of a report regarding the need for a federal standard of identity for honey. Without much fanfare, AMS recently published its report to …
By Riëtte van Laack – According to an FTC Complaint, filed in the United States District Court for the Northern District of Illinois, the advertising practices of NourishLife, an Illinois Company, and its owner, Mark Nottili, (“Defendants”) violated the FTC Act. The FTC alleges that Defendants …
By Ricardo Carvajal – A California federal district court granted summary judgment in favor of the government in a lawsuit brought by animal rights organizations that focused on treatment of egg-laying hens. Plaintiffs initially filed petitions with several federal agencies asking them to issue regulations that …
By Wes Siegner – In an exercise in hairsplitting, FDA’s Mike Taylor has written to Herbalife to complain about a YouTube video, in which a former FDA official now working for Herbalife, Bill Frankos, allegedly (the video has been removed at FDA’s request) states the following: …
By Jennifer M. Thomas – Last month, the U.S. District Court for the District of Utah dealt a significant blow to the Federal Trade Commission (“FTC”) when it denied FTC’s motion summary judgment in a case against Basic Research, LLC (“Basic Research”). The Court’s decision marks …
By Ricardo Carvajal – In an opinion piece recently published in the Journal of the American Medical Association, a trio of Colorado physicians examine the implications of legalization of marijuana in their home state. The authors summarize “expected” effects, including increased use of health care services in …
By Ricardo Carvajal - The Weston A. Price Foundation sued FDA to compel a response to the Foundation’s 2008 citizen petition (Docket No. FDA-2008-P-0452) asking FDA to revoke its regulation authorizing heart health claims for soy protein, which the Foundation claims is “not soy in its natural form.” …
By Ricardo Carvajal – In tandem with its menu labeling final rule (see our prior posting here), FDA published a final rule that sets out requirements for calorie declaration for foods sold from certain vending machines. In certain respects, the final rule is broader in scope …
By Riëtte van Laack – The Affordable Care Act requires calorie and other nutrition information on menu and menu boards for consumers in chain restaurants and other “similar retail establishments” that sell restaurant-type food. In 2011, FDA issued a proposed rule (see our previous post here). …
By Ricardo Carvajal - The D.C. District Court granted FDA’s motion for summary judgment in a lawsuit alleging unreasonable delay in the agency’s response to a citizen petition asking for the inclusion of FDA/EPA’s seafood consumption advisory in seafood labeling and at point-of-sale. Although the petition was …
By Riëtte van Laack – On Nov. 13, 2014, DOJ announced another Consent Decree of permanent injunction regarding the manufacture and distribution of dietary supplements. Under the Consent Decree, contract manufacturer SciLabs, Inc. and its CEO Paul Edalat are prohibited from the manufacture and distribution of dietary …
By Wes Siegner – In the October 30 Federal Register, FDA announced that it will hold a public meeting on December 9 to consider significant changes to its guidance titled “Toxicological Principles for the Safety Assessment of Food Ingredients,” or “Redbook”. FDA also invited comment to …
By Ricardo Carvajal & Riëtte van Laack – FTC filed a complaint in the district court of New Jersey alleging that certain of Gerber’s advertising claims for its hydrolyzed-whey-based infant formula constitute deceptive acts or practices and the making of false advertisements, in violation of the FTC Act. …
By Ricardo Carvajal - FDA released an online learning module intended “to help the seafood industry, retailers, and state regulators ensure the proper labeling of seafood products offered for sale in the U.S. marketplace.” The learning module consists of three videos that provide an overview of applicable …
