We previously reported here about the USDA's decision to back down from its ill conceived policy to refuse organic certification to non-food products. It appears that the NY Times has caught up to our news cycle here at nutrisuplaw.com

This article titled Big problem for BioStratum describes how the active ingredient in this company's drug (now in Phase II trials) is available for purchase on the Internet as a nutritional supplement.

The FTC reports it has obtained a preliminary injunction against several nutritional supplement companies and marketers of oral sprays that supposedly contain human growth hormone (HGH) to stop them from making alleged false and deceptive claims and from sending illegal spam.

A segment on the Today Show this morning saw Katy Couric questioning two women about the new Brazilian diet pills they had been taking. Apparently, the women tested positive for amphetamines on a pre-employment drug test.

Effective Jan. 1, 2006, all food companies, including dietary and nutritional supplement manufacturers, must include warnings if they contain "major allergens." For article, click here. The new requirements are part of the 2004 Food Allergen Labeling and Consumer Protection Act.

This article from Sunday's New York Times is a must read for attorneys involved in defending ephedra supplement manufacturers and other dietary supplement lawsuits. The article describes how defense lawyers were able to take apart the class action against silica manufacturers through ingenuity and downright good lawyering.

A battle is raging between supplement marketer ITV Direct, Inc. and the FTC. The FTC previously sued ITV for FTC act violations. FTC v. ITV here.

This from the 10/10/05 edition of the NNFA Supplement email newsletter: In an effort to draw attention to adverse event reporting (AER) for dietary supplements, Sen.

An article in yesterday's New York Times discusses the release of a state task force report recommending that NY take a role in overseeing the dietary supplement industry.

CNN article here. The FTC has previously investigated the company who made Dr. Phil's supplements, CSA Neutraceuticals, LP, but closed the investigation after the company agreed to stop making certain claims.

"Federal agents raided the laboratory and home of Patrick Arnold, a Champaign chemist who authorities believe created one of the steroids at the heart of the BALCO sports doping scandal, the San Francisco Chronicle reported Friday.

This just in from the FDA: September 2005 (#10) IN THIS ISSUE: 1. FDA's Letter to Food Manufacturers on "and/or" Ingredient Labeling of Nutritive Sweeteners in Soft Drink Products.

For the article, click here. The FTC case file is here. Update: Utah Daily Chronicle, "Former nutrition professor pays for not supporting claims."

In an attempt to resolve the 300+ ephedra injury claims in the Metabolife Bankruptcy, settlement counsel for Metabolife and non-coordinating counsel for plaintiffs hashed out a global settlement that was dependent on conditional class certification.

The federal Organic Food Products Act of 1990, 7 U.S.C. §§6501 et seq. (“OFPA”), created a certification scheme for organic products that is implemented by the National Organic Program (NOP) of the US Dept.

Confusion, or lack thereof, is a vitally important concept in trademark law. Proving your client’s mark may be confused with an infringer’s mark is critical to prevailing on an infringement claim.

The McClain decision is a watershed for counsel defending dietary supplement manufacturers in products liability cases. In almost all such cases, the plaintiff relies upon expert testimony to make a causal connection between the ingredients in a supplement and his or her alleged injuries.

Welcome friends to the first legal weblog devoted entirely to the nutitional supplement industry. This first post will give you the what and why of this blog, as in what I am going to write about here and why I am writing it.