Update Nov Dec 2013 - (Page 8)

Attack on Multiple Fronts in Nutraceutical Marketing: The threat of FTC, FDA and Consumer Class Actions By Kim M. Schmid, Jenny Young, Katherine Fillmore N utraceutical products recently have been the subject of a multitude of class-action lawsuits questioning their marketing, efficacy, and safety. The often hy- like California that have plaintiff-friendly laws. As a defense perbolic health and nutritional claims touted in labeling and nutraceutical marketing and preempts states from imposing to these actions, nutraceutical companies may assert federal preemption - arguing that the federal government controls advertising for food and dietary supplements provide fertile different requirements through civil litigation. On the other ground for "consumer fraud" claims, particularly in states hand, civil plaintiffs often attempt to bolster their claims for Kim M. Schmid is the Executive Managing Partner, Bowman and Brooke LLP, Minneapolis Office. She serves as national counsel to several medical device and pharmaceutical clients in high profile and mass tort claims. 8 Update November/December 2013 Jenny Young is an Associate at Bowman and Brooke LLP, Austin Office. She focuses on product liability defense for the pharmaceutical industry. Katherine Fillmore is an Associate at Bowman and Brooke LLP, Austin Office. She focuses on the defense of pharmaceutical manufacturers and eDiscovery issues. www.fdli.org http://www.fdli.org

Table of Contents for the Digital Edition of Update Nov Dec 2013

Update Nov Dec 2013