With regard to Claudia Adrien 's story in NutraIngredients (https://lnkd.in/giidvDMM) about our lawsuit in New York... Respectfully, the legal analysts interviewed for this story fail to appreciate key aspects of the case. They overlook the fact that commercial speech including truthful health information about dietary supplements — whether conveyed through labeling or advertising (and the New York law covers both) — is protected by the First Amendment. Moreover, the attorneys miss the arguments in our brief that even if the restriction itself (here an age limit on sales) is “conduct,” a law still implicates the First Amendment if the trigger for the restriction is speech (in this case a weight loss or muscle building claim in labeling or advertising). Lastly, they overlook a long line of Supreme Court doctrine that espouses that a complete prohibition of speech is not required; any burden or restriction that chills speech can implicate the First Amendment’s protections. Essentially, they miss that the law compels companies to alter marketing strategies, impacting their ability to communicate truthfully and lawfully about product benefits. As we argue in the brief, that violates the First Amendment’s protections on even commercial speech.
Council for Responsible Nutrition’s Post
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Looking forward to a great panel discussion about recent case proceedings and how they interact with guidances to impact how we proceed with substantiation.
If you plan to join the 12th Annual Legal, Regulatory, and Compliance Forum on Dietary Supplements next week, don't miss Susan Hewlings' panel discussion with Geoffrey Castello, as they will delve into "Health Claims Substantiation after Last Year’s FTC Guidance: Insights from Key Cases, FTC Initiatives, and CRN Advocacy in the Past Year." 📆 June 26, 12:00 pm American Conference Institute Council for Responsible Nutrition #substantiation #claims #compliance #CRN #FTC https://hubs.ly/Q02CLD0H0
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If you plan to join the 12th Annual Legal, Regulatory, and Compliance Forum on Dietary Supplements next week, don't miss Susan Hewlings' panel discussion with Geoffrey Castello, as they will delve into "Health Claims Substantiation after Last Year’s FTC Guidance: Insights from Key Cases, FTC Initiatives, and CRN Advocacy in the Past Year." 📆 June 26, 12:00 pm American Conference Institute Council for Responsible Nutrition #substantiation #claims #compliance #CRN #FTC https://hubs.ly/Q02CLD0H0
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🎙 Speaking of Litigation | When it comes to dietary supplement class actions, there’s a little less class and a lot more action. Tune in as we unpack the intersection of law, regulation, and commerce in the realm of dietary supplements: https://hubs.la/Q02yJrkY0 In this episode, Epstein Becker Green litigators Theodora ("Teddy") McCormick, Jack Wenik, and Robert Lufrano explore the litigious minefield of class action battles, particularly focusing on the challenges faced by companies amid the proliferation of legal opportunists and lawsuits based on FDA warning letters. From navigating consumer protection statutes to deciphering FDA actions, our panelists discuss the legal intricacies shaping the dietary supplement industry's future. #DietarySupplements #FDA #Litigation
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We're thrilled to share some amazing feedback from Taylor Maharaj, Manager of Scientific & Regulatory Affairs at Care/of. Taylor's insights highlight the impact of Apex Compliance on their operations. Thanks Taylor!! You are appreciated! 🔹 Streamlined Processes: "Apex Compliance has significantly enhanced our regulatory compliance approach. It's not just about meeting standards—it's about exceeding them with an innovative platform that's as adaptable as it is thorough." 🔹 Customization for Specific Needs: "This user-friendly tool allows for customization to suit our company's specific needs, proving invaluable for marketing evaluations like emails, SEO articles, and influencer videos on YouTube." 🔹 Peace of Mind: "It's a transformative solution that offers peace of mind and ensures efficient adherence to regulatory standards." Thank You, Care/of! Your success is our success, and your testimonial is a testament to the hard work we put into making Apex Compliance the best possible tool for the dietary supplement industry. 👉 Stay tuned for more client highlights! #ClientTestimonial #RegulatoryCompliance #DietarySupplements #Innovation #CustomerSuccess
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Check out our latest podcast and class action litigation trends for the dietary supplement industry. Myself, Jack Wenik and Robert Lufrano geek out about preemption, DSHEA, CAFA and more!!
🎙 Speaking of Litigation | When it comes to dietary supplement class actions, there’s a little less class and a lot more action. ⬇ In this episode, Epstein Becker Green litigators Theodora ("Teddy") McCormick, Jack Wenik, and Robert Lufrano explore the litigious minefield of class action battles, particularly focusing on the challenges faced by companies amid the proliferation of legal opportunists and lawsuits based on U.S. Food and Drug Administration (FDA) warning letters. From navigating consumer protection statutes to deciphering FDA actions, our panelists discuss the legal intricacies shaping the dietary supplement industry's future. 🎧 Tune in for an engaging conversation that unpacks the intersection of law, regulation, and commerce in the realm of dietary supplements: https://bit.ly/4dDuBgW #DietarySupplements #FDA #Litigation
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Litigating Nutrition: Class Action Battles Over Dietary Supplements In this (shared) episode of Speaking of Litigation, Epstein Becker Green litigators Teddy McCormick, Jack Wenik, and Robert Lufrano explore the litigious minefield of class action battles, particularly focusing on the challenges faced by companies amid the proliferation of legal opportunists and lawsuits based on U.S. Food and Drug Administration (#FDA) warning letters. From navigating consumer protection statutes to deciphering FDA #actions, the panelists discuss the legal intricacies shaping the dietary supplement industry's future. The majority of consumer class actions against food and dietary supplement companies were brought under #state consumer protection statutes and premised on claims that consumers were #misled by a product’s #advertising or #labeling. In other words, class actions against food and supplement companies have traditionally been based on allegations of #deceptive advertising, not #regulatory #compliance. Food and supplement industries have evolved, and companies have streamlined their advertising and stopped using obviously #problematic #claims like “natural,” “all natural,” or “no artificial ingredients,” challenges have emerged that are premised instead on alleged #violations of complex regulatory schemes, as opposed to #deceptive advertising or marketing, per se. While it is well settled that #consumers cannot privately enforce the Federal Food, Drug, and Cosmetic Act (#FDCA), litigants have employed a variety of approaches premised on state consumer protection statutes to indirectly bring the FDCA into play. Most of these cases have been filed in California, with the U.S. District Court for the Northern District of California being the most frequent forum. California’s Unfair Competition Law gives consumers a cause of action for almost any regulatory violation, even if the regulation does not expressly permit consumer enforcement. Tune in for an engaging conversation that unpacks the intersection of law, regulation, and commerce in the realm of dietary supplements. Thank you to Teddy McCormick for publicly sharing this video, it allows insights, knowledge and discussion to be had! Video: https://lnkd.in/eEV8H98J Link to written transcript of this episode: https://lnkd.in/ePVWWFRN #classaction #dietarysupplements #supplements #expertwitness #insights #litigation #substantiation #FTC #FDA #BBB #marketing #wordsmatter #netImpression #TotalityoftheEvidence #ImpliedClaims #DirectClaims #NAD Epstein Becker & Green, P.C. Academy of Nutrition and Dietetics NutraIngredients Maggie Jaqua Josh Long Amber Littlejohn Rick Collins SupplySide Network
Litigating Nutrition: Class Action Battles Over Dietary Supplements – Speaking of Litigation Ep. 9
https://www.youtube.com/
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If you are not familiar with the NY law restricting the sale of weight loss and muscle building supplements that goes into effect in April, I highly encourage you to watch this video with Michael DiMaggio & Stephen Daniells
Nutrabolt chief legal officer on state-led restrictions: ‘We need to work together’
nutraingredients-usa.com
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Head of Regulatory Affairs | Removing roadblocks and providing solutions to increase speed-to-market | Consumer-Packaged Goods Compliance & Risk Mitigation | Quality Systems | FDA | FTC | cGMP | Marketing | Strategy
Important issues at hand in the world of Regulatory standing and dietary supplements. SVP and General Counsel of CRN, Megan Olsen's comments on the current state of issues in New York are worth paying attention to. She does an excellent job of breaking down the details. Check out the link below to learn more about CRN's lawsuit challenging New York's age restriction laws, which raises important First Amendment issues. #RegulatoryCompliance #LifeSciences #PolicyAndRegulation #HealthcareCompliance #RegulatoryUpdates https://lnkd.in/guiFdN7s
CRN’s New York Age-Restriction Lawsuit Moves Forward on First Amendment Issue
crnusa.org
Well articulated