The federal Food and Drug Administration (FDA) recently issued a consumer update regarding products containing cannabis or cannabis-derived compounds, including cannabidiol (CBD). Although aimed at consumers, the update contains important reminders for businesses marketing or selling these types of products. The FDA’s website also includes lengthy Q&A guidance about its regulation of them. A prior
FDA’s Increased Dietary Supplement Oversight
Yesterday the Food & Drug Administration (“FDA”) Commissioner announced a new plan for increased oversight over dietary supplements. In his statement, the Commissioner noted how much the dietary supplement market has grown and how many consumers now take a dietary supplement on a regular basis, stating that “consumers need to have access to safe, well-manufactured,
“Chunky” Trademark Belongs to Campbell’s Soup
The United States Patent and Trademark Office (“USPTO”) approved Campbell Soup Company’s (“Campbell’s”) application to trademark the word “chunky.” Campbell’s filed an application with the USPTO back in May 2018. In its application, Campbell’s cited to “massive unsolicited media coverage of chunky,” according to the Philadelphia Business Journal. The word “chunky” has been parodied
More Product Labeling Woes
Nothing is as it seems. I previously blogged about the marketing of non-dairy products as “milk” – now it’s meat’s turn. According to a recent article in the Star Tribune, multiple states are either already regulating or considering regulating use of the term “meat” on product labels.
As explained in the article, supporters of a
The NAD Revises Its Procedures
This post is authored by Fox Rothschild associate Rashanda Bruce.
The National Advertising Division (NAD) announced revisions to its procedures governing advertising industry self-regulation during its Annual Conference on September 24-25. The revisions are in response to recommendations by the ABA Antitrust Section’s Working Group.
NAD is a branch of the Council of Better
Reminder on New Nutrition Facts Label
The Food & Drug Administration (“FDA”) has published a Consumer Update with a reminder regarding the implementation of the new Nutrition Facts label. According to the FDA’s Update, at least 10% of food packaging already carries the new label and therefore consumers are, and will be, seeing two different versions of the Nutrition Facts
Beware “Natural” Advertising
What does “natural” mean in the context of product advertising? Consumers see phrases like “natural,” “all natural,” and “100% natural” over and over again in modern marketing. The trouble is that “natural” may not mean what consumers expect it to mean, thereby opening companies up to claims of false or misleading advertising.
Two recent lawsuits
Is Non-Dairy Milk Really Milk?
Soy milk. Almond milk. Coconut milk. With the increase in health-conscious shopping and non-dairy diets, these terms and others have become household names.
But the Food & Drug Administration (“FDA”) recently suggested these products don’t constitute milk at all, since they do not come from animals. According to multiple sources, during the Politico Pro
FTC Issues New Marketing Rules for Jewelry Industry
The FTC has amended its Jewelry Guides (formally, the “Guides for the Jewelry, Precious Metals, and Pewter Industries”) which aim to help prevent deception in jewelry marketing by providing clear standards.
The Jewelry Guides, like other industry guides published by the FTC, are intended to help marketers understand their responsibilities with respect to avoiding consumer
Send a C&D, or Just Sue?
When evaluating how to address what you believe constitutes infringement, false advertising, or unfair competition, the decision to send a cease and desist letter or to file a lawsuit becomes an important one. Is there a right approach in each instance? No. There are pros and cons to each and, in a typical lawyer answer,