Following a complaint by cable provider Comcast, the Better Business Bureau’s National Advertising Division (NAD) urged DirecTV to abandon certain advertising claims found in its popular series of television ads featuring actor Rob Lowe. See April 7, 2015 Press
GNC reaches agreement with New York Attorney General to expand testing of its herbal supplements
On Monday, GNC Holdings Inc., one of the nation’s leading retailers of health and wellness products, committed to expand testing and authentication procedures for its herbal supplements beyond current U.S. Food and Drug Administration requirements. See GNC Press Release
FDA continues to take aim at misleading internet advertising
On February 26, 2015, the U.S. Food and Drug Administration (FDA) issued warning letters to nine manufacturers of products sold over the Internet, informing each that they improperly advertise their products with disease-related claims.
Focus on dietary supplements
Five of
FTC grinds the Oz Effect out of coffee bean weight loss claims
On January 26, 2015, the Federal Trade Commission filed a complaint in federal court against Texas-based Genesis Today, Inc., a marketer of dietary supplements; its branding subsidiary, Pure Health LLC; and its founder and CEO, Dr. Lindsay Duncan.
DC Circuit Court puts limits on FTC’s advertising substantiation requirements
On January 30, 2015, a three-judge panel of the US Court of Appeals for the District of Columbia reversed an FTC order that would have required POM Wonderful to substantiate various health-relating advertising claims with two randomized, well-controlled human clinical
Court pares but does not dismiss male enhancement class action
On September 19, 2014, a federal district judge allowed a consumer class action to proceed against the marketer and seller of an over-the-counter “male enhancement product,” finding that the plaintiff adequately pled facts to support false advertising and unfair competition
Third Circuit does away with presumption of irreparable harm
In a much anticipated ruling, the Third Circuit held courts no longer may presume irreparable harm when considering a preliminary injunction motion in a Lanham Act false advertising case even where a plaintiff shows a likelihood of success on the
Lance Armstrong’s “secret weapon” claim constitutes non-actionable “puffery”
Immersed in a mire of recent legal woes, Lance Armstrong, once one of the most famous and idolized athletes in the world after winning seven Tour de France titles, can take some comfort from the recent holding of a
FTC hosts public workshop on BioSimilar drug competition
On February 4, 2014, the Federal Trade Commission (“FTC”) hosted a day-long public workshop on “Follow-on Biologics: Impact of Recent Legislative and Regulatory Naming Proposals on Competition” to discuss the potential impact of state regulations and naming conventions on competition
Medical experts cast doubt on multivitamin health benefits
A recent editorial published in the Annals of Internal Medicine argues that multivitamins should not be used for chronic disease prevention, and consumers should “stop wasting money” on these products.
While the tone and content of the AIM editorial and