Update Nov Dec 2013 - (Page 11)
Enforcement
Accordingly, claims are frequently permitted to proceed under a
patchwork of state laws.
Recent putative class-action
suits have targeted "natural"
claims regarding products containing ingredients such as high
fructose corn syrup, alkalized
cocoa, factory-made ascorbic acid,
vegetable glycerin, soybean oil,
canola oil, yeast extract, and beta-carotene. Many beverage and
snack food products claiming to
be "all natural" have been targeted
with class action claims.
In July 2013, Naked Juice agreed
to pay $9 million to settle a consolidated putative class action in California alleging that products' labels
and advertising made claims such
as "all natural" and non-genetically
modified, even though the products contained unnaturally processed and synthetic ingredients,
derivatives of genetically modified
crops, and chemically processed
vitamin substitutes. Naked Juice
continues to deny the allegations
that the product labels were misleading or false, but has also agreed
to redesign the labels to address the
representations at issue.
There is no clear answer for
avoiding trouble, but being overly
cautious with regard to "natural"
claims may be one of the most
effective solutions to help mitigate
risk. Even common plant-derived
additives and preservatives, as well
as genetically modified corn and
soybeans or their derivatives, such
as corn starch, have been targeted
in litigation. Notably, more than
80 percent of the U.S. corn and
soybean stock are genetically modified, and these products are two of
the most common ingredients in
food products. Accordingly, manufacturers should closely scrutinize
their ingredients and the way those
ingredients are processed before
making "natural" claims. And
the best solution may be to find
alternative marketing strategies to
"all natural" claims to avoid being
targeted by class-action litigation.
Publish in
the Mar/Apr
Issue of
Update
Magazine!
E. Advice for Manufacturers
Until there exists a clear distinction
between FDA and FTC authority
and what constitutes labeling and
advertising in nutraceutical marketing, nutraceutical manufacturers
would do well to closely monitor
the two agencies' actions and statements, as well as litigation trends
involving nutraceuticals. Companies,
their marketing teams, and their
legal counsel should be proactive in
understanding the law and regulatory
environment and should consider
creating compliance programs that
will help ensure marketing efforts are
regularly evaluated for conformity.
In the meantime, manufacturers and
marketers of nutraceuticals should
strive for compliance with both FDA
and FTC regulations and guidelines,
and should expect product websites
and social media pages to continue
to receive heighted scrutiny by one or
both Agencies. When in doubt, the
manufacturer should follow a "double
dose" of precaution by anticipating
overlap between the FDA and FTC.
Submit an article by
January 16, 2014
The Update issue that covers all
FDLI relevant sectors: Food, Drugs,
Animal Drugs, Biologics, Cosmetics,
Diagnostics, Dietary Supplements,
Medical Devices, Tobacco. If you have
an idea, we want to hear it!
Please send all manuscriPts and inquiries to rachael Vieder at raV@fdli.org
Nov/Dec_Published.indd 1
FDLI
November/December 2013
Update
11/12/13 11:28 AM
11
Table of Contents for the Digital Edition of Update Nov Dec 2013
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