23 Mar, 2021 Is it Prohibited by the FDA or is it Protected Speech? By Wendy Schechter As part of its continued policing of COVID-19-related health claims, the FDA has sent a warning letter to Dr. Joseph Mercola and...
25 Feb, 2021 FDA Cracks Down on Supplement Makers Selling Mental Health Relief By Terri Seligman You may not be selling cures for COVID, but if you’re selling dietary supplements that purport to provide treatment for COVID-induced...
29 Nov, 2020 Court Holds Lanham Act Defendant Liable for Manipulated Product Reviews By Terri Seligman The US district court in Utah recently issued interesting Findings of Fact and Conclusions of Law in a Lanham Act case addressing, among...
05 Nov, 2020 FTC's October Responses to NAD Referrals Regarding "Fresh" and Other Claims By Jeff Greenbaum In October, the Federal Trade Commission reported on the actions it took in response to three referrals from the National Advertising...
07 Aug, 2020 FTC Obtains TRO Against Marketer Making COVID-19 Treatment Claims By Jeff Greenbaum Last week, we reported that the Federal Trade Commission sued Golden Sunrise Neutraceutical and two of its officers for falsely...
20 Jul, 2020 Affiliate Marketer Must Disclose Relationship with Advertiser and Ensure Product Claims Are Truthful By Terri Seligman Back in June, NAD issued a decision that escaped my blogging attention until now. While much of the Decision addresses the advertiser’s...
13 Jul, 2020 FTC Obtains Consent Order in First COVID-19 Related Action By Jeff Greenbaum The Federal Trade Commission announced that it entered into a consent order with Whole Leaf Organics, resolving charges that the company...
22 May, 2020 FTC Sends Fifth Round of Warning Letters over COVID-19 Claims By Jeff Greenbaum The Federal Trade Commission announced that it sent another fifty warning letters telling marketers to stop making claims that their...
29 Apr, 2020 FTC Gets Preliminary Order Barring COVID-19 and Cancer Treatment Claims By Jeff Greenbaum The Federal Trade Commission sued Whole Leaf Organics, a dietary supplement maker, alleging that the company falsely promoted its...
07 Dec, 2019 FTC Settles with Dietary Supplement Marketer over False Claims, Misleading Endorsements, and Deceptive Pricing By Jeff Greenbaum The Federal Trade Commission announced that it entered into a settlement with the marketer of a dietary supplement called Synovia,...
20 Feb, 2019 Can You Promote Unsafe or Illegal Uses of Your Product? Will a Disclaimer Help? By Jeff Greenbaum Do you have a claim against your competitor when the competitor advertises unsafe or illegal uses of its product? A recent federal case...
12 Feb, 2019 FTC & FDA Send Warning Letters Over Alzheimer's and Other Treatment Claims By Jeff Greenbaum Last week, the Food and Drug Administration and the Federal Trade Commission jointly sent warning letters to three companies who are...
08 Feb, 2019 Court Find that Product Reviews With Affiliate Links Subject to Lanham Act By Terri Seligman The Southern District of California has just issued an interesting Lanham Act decision that addresses product reviews and affiliate...
02 Dec, 2018 Here Comes the Sun! By Terri Seligman The National Advertising Division (NAD) has issued two decisions recently concerning advertising for dietary supplements that purport to...
27 Nov, 2018 NAD Dissatisfied With E.D. Supplement Ads By Terri Seligman NAD requested substantiation from Health Club Diet for a number of claims in its advertising for Androzene, a dietary supplement for...
08 Nov, 2018 Health in a bottle By Terri Seligman Sometimes you see an ad and you think “No! That can’t possibly be real!” (Readers of this blog may recall my post about Gem Water and...