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Advertising Standards Board upholds children’s marketing complaint against cereal maker

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 28 2013

The Obesity Policy Coalition (OPC) recently announced that the Australian Advertising Standards Board (ASB) has upheld its complaint alleging that a

Conference to examine marketing obesity prevention

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 30 2010

DTC Perspectives Inc. has announced the 2010 Marketing Disease Prevention in America (MDPA) Conference, which will discuss how health care marketing can effectively address obesity prevention

CMAJ editorial urges energy drink regulation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 30 2010

"Caffeine-loaded energy drinks have now crossed the line from beverages to drugs delivered as tasty syrups," opines a July 26, 2010, Canadian Medical Association Journal editorial, which recommends "strict regulations" and warning labels comparable to those required for caffeine tablets

District court orders Pelman parties to refile class certification pleadings

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 26 2010

The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification

JPML denies request to consolidate Yo-Plus health claims cases

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 18 2010

The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer four pending federal lawsuits to a multidistrict litigation court, finding that the common factual questions about General Mills's alleged nationwide marketing claims for its Yo-Plus yogurt products are not sufficiently complex or numerous to justify consolidation

Non-profit sues Nestlé alleging deceptive advertising of children’s nutrition drink

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 13 2010

The National Consumers League has filed a consumer fraud action in a Washington, D.C. court against Nestlé HealthCare Nutrition, Inc., alleging that the company falsely advertises its BOOST Kid Essentials drinks as products that can strengthen children’s immune systems and aid their digestive systems

FTC obtains preliminary injunction against internet marketers making acai berry health claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

The Federal Trade Commission (FTC) has taken action against companies that sell acai berry supplements, "colon cleansers" and other products online by featuring false Oprah Winfrey and Rachael Ray endorsements and illegally billing customer credit cards

Plaintiff class alleges POM Wonderful will not keep consumers young forever

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

A putative class action has been filed against the maker of POM Wonderful pomegranate (PWP) juice in a Florida state court, alleging that the company is misleading consumers by marketing its product "as having special health benefits, including but not limited to, the prevention, mitigation, and or treatment of the following: (a) atherosclerosis; (b) Blood FlowPressure; (c) Prostate Cancer; (d) Erectile Function; (e) cardiovascular disease; (f) Reduce LDL cholesterol; (g) and other age related medical conditions

Class action filed against POM Wonderful for consumer fraud

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 8 2010

A Kansas resident has filed a putative class action in state court against POM Wonderful, LLC, alleging that the company's claims that its pomegranate products have special health benefits are false, deceptive and misleading

FDA revises qualified health claims for selenium dietary supplements

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 8 2010

According to counsel for a company that makes dietary supplements containing selenium, the Food and Drug Administration (FDA) has agreed to allow the company to make qualified health claims for the products that include brief disclaimers