Category Archives: Advertising

Pharma Opioid Suits Casting a Wider Net

Under both federal and state law, it is unlawful to advertise if the advertisement tends to mislead or deceive. States have enacted consumer protection laws to enforce and regulate such deceptive practices. In New York, under General Business Law §349, deceptive acts or practices in the conduct of any business, trade, or commerce, or in the furnishing of any service in the state, is declared unlawful. Over the years, the Federal Trade Commission has prosecuted many businesses accused of engaging in false and deceptive advertising.…

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Dietary Supplement Company Slammed By FDA For Failure To Comply With CGMP

Brower Enterprises was recently hit with a warning letter from the U.S. Food and Drug Administration (FDA) that excoriates them for violating Current Good Manufacturing Practices (CGMPs). The violation of CGMPs caused a number of Brower’s products to be adulterated within the meaning of the Federal Food, Drug and Cosmetic Act (the Act). Examples of violations of CGMPs included keeping written procedures for quality control operations, holding and distributing operations, returned dietary supplements, and product complaints. Additionally, Brower failed to comply with CGMPs because it…

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FDA Gets Aggressive With Companies Over Marketing of Alleged Diabetes Treatments

The U.S. Food and Drug Administration (FDA) has started its campaign to stop sales of multiple products advertised and labeled as diabetes treatments. According to data from 2011, over 25 million people in the U.S. have diabetes and perhaps more alarming is that 79 million people have prediabetes. Clearly there is a market for diabetes remedies. According to the FDA, companies are taking advantage of consumers seeking diabetes treatments by marketing products that claim to prevent, treat, or relieve symptoms of diabetes, but the FDA…

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Natural Product Claims Lead to Liability

On Tuesday, May 7, 2013, a proposed class action lawsuit was filed in the United States District Court for the Southern District of New York on behalf of plaintiff, Michael Goldenberg, and other similarly situated consumers, against Johnson & Johnson Consumer Companies, Inc. (“J&J”), alleging the consumer manufacturer mislead consumers about the nature of the ingredients in its personal care products sold under the Aveeno brand name (see, Goldenberg v. Johnson & Johnson, 7:13-cv-03073).  According to the Complaint, these products were marketed with…

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Nutritional Supplement Health Claims and False Advertising Liability

In 2009, consumers David Johns and Marc Bordman filed a class action suit against Bayer Corporation and Bayer Healthcare in the Southern District Court of California for allegedly making false and deceptive claims about the nutritional supplement “One A Day Men’s.”  According to the Complaint, Bayer marketed the supplement, and its key ingredient selenium, as supporting prostate health, despite mounting scientific evidence that the supplement does not reduce the incidence of prostate cancer.  The plaintiffs claimed these statements constituted deceptive advertising in violation…

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DMAA Under Continuous Attack: Wrongful Death Suit Filed Against Manufacturer of Popular Dietary Supplement

On February 13, 2013, the parents of deceased soldier, Michael Sparling, filed a wrongful death lawsuit in San Diego Superior Court targeting  the controversial ingredient DMAA and naming manufacturer USPLabs  and distributor GNC Corp. as defendants. According to the Complaint, the plaintiffs are alleging that the DMAA-containing dietary supplement Jack3d is deceptively marketed as a safe and effective supplement and fails to warn consumers about potential health risks. The plaintiffs are seeking unspecified damages. Over the past several years DMAA, or Dimethylhexaneamine, has become a…

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Legislators Take Aim at Popular Dietary Supplement

On January 22, 2013, Senator Jeffrey Klein of New York set forth proposed legislation which would ban the sale and use of products containing the popular dietary compound Dimethylhexaneamine (DMAA) in the state of New York. Over the past several years, the use of DMAA  has become a hot topic for legislators and plaintiffs’ lawyers following criticism that the compound is not a “natural compound,” as marketed, and that it has led to several serious consumer health issues. The criticism helped spark a string of…

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