Discussion at the American Conference Institute conference on dietary supplements, nutraceuticals and functional foods turned to the problem the FDA faces trying to inspect the increasing volume of imported supplement and food ingredients coming into the USA from countries like China (which is the subject of an import alert allowing FDA to detain protein products from China without physical inspection as a result of the melamine scare).

Your blogger is attending (and speaking) at the conference sponsored by American Conference Institute this week on the topic of regulation and other legal issues concerning dietary supplements, nutraceuticals and functional foods.

In an unusual marketing campaign, Berkeley Premium Nutraceuticals, the creators of "Smiling Bob" (pictured) whose erections are so satisfying he can't wipe that smile off his face, are now claiming that the source of Bob's smile, Berkeley product Enzyte, is the most stolen brand in its category.

The latest issue of the Experts Edition of Vianello Consulting's excellent newsletter series cites the decision of the federal district court for Alabama's northern district in a products liability case involving Zicam No-Drip Liquid Nasal Gel, a homeopathic cold remedy.

Make plans today to attend the In-House Counsel Forum on Manufacturing, Marketing and Distributing Dietary Supplements, Nutraceuticals & Functional Foods to be held on Tuesday, May 15, 2007 to Wednesday, May 16, 2007 in San Francisco at the San Francisco Hilton.

The President recently signed the Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006. The USA SAFE WEB Act gives the Federal Trade Commission expanded authority to cooperate with foreign law enforcement officials in their investigations into wrong doing in the U.S.

In its 2007 Budget Justification Summary, the Federal Trade Commission warned that in the coming year it will continue to scrutinize dietary supplement marketing practices. The FTC highlighted health products, including dietary supplements, as a key area on which it will be keeping an eye.

Karen Robinson-Jacobs of The Dallas Morning News continues her series on the ongoing investigation by the Texas Attorney General's Office of Dallas area supplement multi-level marketer Mannatech.

Proposed Federal Trade Commission Business Opportunity rules directed at multilevel marketing companies could have a devastating impact on dietary supplement and functional food companies that rely on multilevel marketing to distribute their products. 

Berkeley Nutriceuticals, the maker of “natural male enhancement” supplement Enzyte, has agreed to settle an unfair and deceptive trade practices suit for $4.7m, with about 1/3 of that going to the lawyers.

The FDA has scheduled a public hearing on the regulation of foods being marketed as "functional foods." According to this Federal Register Notice, the purpose of the hearing is "for the agency to share its current regulatory framework and rationale regarding the safety evaluation and labeling of these foods, and to solicit information and comments from interested persons on how FDA should regulate these foods under the agency's existing legal authority."

The US Tax Court has held that when a dietary supplement manufacturer suffers "shrinkage" of inventory due to spoilage of supplements it may reduce its cost of goods sold, and its corresponding tax burden, by the value of the lost supplements.

In a joint press release, the Federal Trade Commission and the Food and Drug Administration announced a “joint diabetes initiative” to stop deceptive internet advertisements and sales of products the agencies claim are misrepresented as cures or treatments for diabetes.

Norm Rich of Foley has penned two excellent articles on trademarks and service marks entitled Strength and value of US trademarks and service marks and Selecting trademarks and service marks that maximize protection and value on Nutraingredients-USA.com. 

Popular mangosteen functional beverage marketer XanGo has come under scrutiny from the FDA for its claims. To read the FDA warning letter to XanGo, click here.

Nutraceutical Corp. has filed a motion for rehearing and for rehearing en banc of the decision of the United States Court of Appeals for the Tenth Circuit in Neutraceutical Corp.

A new organization dedicated to increasing FDA funding has launched. The Coalition for a stronger FDA describes itself as a broad and diverse coalition calling for a renewed public commitment to the Food and Drug Administration and its unique role in protecting American consumers and patients.

E! reports that Dr. Phil has settled the unfair trade practices lawsuit against him concerning his ill-fated venture into dietary supplements. According to E!, Dr. Phil McGraw has agreed to a $10.8 million settlement in a class action lawsuit brought by three customers claiming that adhering to the rigorous regimen of supplements failed to result in shed pounds.

The DEA has arrested several executives associated with nutraceutical maker Hi-Tech Pharmaceuticals for a variety of offences relating to the distribution of adulterated generic drugs. To read the Department of Justice press release, click here.

Steve Warshak, former CEO of embattled Berkley Nutraceuticals was finally indicted last week. The indictment is so large it had to be split up into separate PDF files in order to fit on the court e-filing system.