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8th Circuit Court of Appeals rules false advertising allegations regarding organic claims are not preempted by Organic Foods Production Act of 1990
- Kelley Drye & Warren LLP
- -
- USA
- -
- September 22 2010
The U.S. 8th Circuit Court of Appeals recently ruled that certain false advertising claims based on state consumer protection and anti-deception statutes were not preempted by the Organic Foods Production Act of 1990 (OFPA) a federal Act that establishes national standards for the sale and labeling of organically produced agricultural products, and creates a certification program through which agricultural products may be certified to produce organic products
GAO submits Congressional testimony entitled "herbal dietary supplements: examples of deceptive or questionable marketing practices and potentially dangerous advice"
- Kelley Drye & Warren LLP
- -
- USA
- -
- May 27 2010
On May 26, 2010, the GAO submitted testimony to the U.S. Senate Special Committee on Aging, entitled “Herbal Dietary Supplements: Examples of Deceptive or Questionable Marketing Practices and Potentially Dangerous Advice.”
Ingredient testing for food and supplement advertising claims: keeping up with an evolving standard
- Kelley Drye & Warren LLP
- -
- USA
- -
- October 29 2010
Must an advertiser substantiate claims for multiingredient products by testing the full-product formulation or can claims be supported by testing only certain individual ingredients?
Growing FDA and FTC collaboration changes regulatory landscape for marketers
- Kelley Drye & Warren LLP
- -
- USA
- -
- May 18 2011
It is no secret that marketers are striving for ways to legally and effectively educate consumers about the health benefits provided by food and dietary supplement products
FDA releases guidance on implementation of FSMA fee provisions
- Kelley Drye & Warren LLP
- -
- USA
- -
- October 11 2011
The Food and Drug Administration (“FDA”) has released a question and answer guide to its implementation of the fee provisions of the Food Safety Modernization Act of 2011
Claim for more informative label is barred by federal law
- Kelley Drye & Warren LLP
- -
- USA
- -
- December 13 2011
Carolyn Turek brought suit against General Mills and Kellogg, alleging that the defendants' marketing of chewy bars violated the Illinois Consumer Fraud and Deceptive Business Practices Act
FDA releases guidance on administrative detentions on the heels of its first post- FSMA seizure
- Kelley Drye & Warren LLP
- -
- USA
- -
- October 25 2011
Today, the Food and Drug Administration (“FDA”) released a guidance document for industry titled “What You Need to Know About Administrative Detention of Foods.”
All sides appeal initial decision in FTC's POM Wonderful action
- Kelley Drye & Warren LLP
- -
- USA
- -
- June 11 2012
We reported on May 23 on Chief Administrative Law Judge Chappell's initial decision in the FTC's action against POM Wonderful
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- Firm Name - Kelley Drye & Warren LLP

- Jurisdiction - USA

- Workarea - Product Liability

- Workarea - Media & Entertainment

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