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Organic grocery chain bans products with cartoon packaging

Shook Hardy & Bacon LLP
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USA
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January 25 2013

In an effort to combat marketing to children, a Washington, D.C.-based organic grocer has stopped stocking products whose packaging features cartoon

Report urges FTC and AGS to investigate digital marketing of alcohol to youth

Shook Hardy & Bacon LLP
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USA
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May 21 2010

The Center for Digital Democracy and the Berkeley Media Studies Group have released a report, "Alcohol Marketing in the Digital Age," that discusses some of the specific ways that alcohol beverage companies are conducting contemporary advertising campaigns using digital media, data collection, behavioral targeting, social media, and online gaming and video that allegedly appeal to underage youth

Conference to examine marketing obesity prevention

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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

FDA revises qualified health claims for selenium dietary supplements

Shook Hardy & Bacon LLP
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USA
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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

Federal court grants preliminary approval to settlement in Frosted Mini-Wheats case

Shook Hardy & Bacon LLP
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USA
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October 15 2010

A federal court in California has approved a motion for preliminary approval of a class action settlement in litigation involving allegedly fraudulent claims that Kellogg Co.’s Frosted Mini-Wheats cereal “was clinically shown to improve children’s attentiveness by nearly 20.”

Class action challenges Nestlé’s immunity claims for breakfast drink

Shook Hardy & Bacon LLP
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USA
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December 17 2010

A Colorado resident has filed a putative class action in a California federal court, alleging that the maker of Carnation Instant Breakfast misleads consumers by claiming that the product contains "Antioxidants to help support the immune system."

Ohio AG brings consumer sales practices action against Dannon

Shook Hardy & Bacon LLP
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USA
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December 17 2010

The same day that the Federal Trade Commission announced a settlement over alleged deceptive advertising claims for DanActive beverage and Activia yogurt, Ohio’s attorney general filed a lawsuit alleging that The Dannon Co. has violated the state’s Consumer Sales Practices Act (CSPA) by failing to substantiate the health-related claims it makes for the products

Court tosses trans fat lawsuit against hostess, claims preempted

Shook Hardy & Bacon LLP
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USA
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December 17 2010

In a ruling left unchallenged when the appeal period expired, a federal court in California has determined that a plaintiff bringing state-law claims about alleged misleading food labels involving trans fat were preempted by federal law and that he lacked standing as a consumer to bring a claim under the Lanham Act, which protects competitors' interests

Court approves discovery and motions schedule in Pelman v. McDonald’s

Shook Hardy & Bacon LLP
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USA
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December 17 2010

A federal court in New York has entered an order approving the pre-trial discovery and motions scheduling order agreed to by the individual plaintiffs remaining in the litigation alleging that fast-food marketing caused adverse health effects related to obesity

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