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Vitaminwater v. Lifewater Trade Dress Suit

Slashfood reports that Energy Brands, Inc., which does business as Glaceau, makers of the popular functional beverage Vitaminwater, has filed suit against Pepsico, owners of newbe competitor SoBe LifeWater.
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Vincent Chhabra, Children’s Weight-Loss Product Marketer, Settles FTC Charges

In this press release issued today, the FTC reports that marketers of Pedia Loss, a children’s weight-loss product, and Fabulously Feminine, a female libido enhancement product, have agreed to settle Federal Trade Commission charges that they made false and misleading claims about their products.
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Codex launches searchable food additive database

Codex has launched a searchable web-based database of its General Standard for Food Additives. Only the food additives listed are permitted for use in foods, and only food additives that have been evaluated by the Joint FAO/WHO Expert Committee on Food Additives (JECFA) and found acceptable for use in foods are included in this standard.
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ADM sues Sabinsa for infringement of soy isoflavones patents

Archer Daniels Midland a/k/a "supermarket to the world" has sued Sabinsa Corporation, a maker of nutritional ingredients, for patent infringement related to patents that ADM licenses from Novogen.
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TTB Approves Resveratrol Content Labeling for Red Wine

Willamette Valley Vineyards has won approval from the US Treasury's Alcohol and Tobacco Tax and Trade Bureau (formerly the ATF) to label its 2002 Barrel Select Pinot Noir with the wine's resveratrol content.
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From Labeling Malpractice to Legal Malpractice

This past week a jury in Portland awarded $10.8M to the plaintiffs in a legal malpractice suit that originally stemmed from claims that Poland Spring water was mislabeled as "spring water" when in fact it comes from a well, not a spring.
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Project On Emerging Nanotechnologies: 11 Supplements Listed in Inventory of Nanotechnology Consumer Products

The Project On Emerging Nanotechnologies was established in April 2005 as a partnership between the Woodrow Wilson International Center for Scholars and the Pew Charitable Trusts.
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Bankruptcy Auction: Diet Depot Trademarks and Domain Names

Dietary supplement manufacturers and retailers looking for a great deal on valuable trademarks and domain names take heed! A bankruptcy sale has been scheduled for April 19, 2006 at 10:00 am in the case In re: Diet Depot, Inc..
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Congressional Committee Holds Hearings on the Regulation of Dietary Supplements

The House Committee on Government Reform, chaired by Rep. Tom Davis, held hearings last week on the regulation of dietary supplements under DSHEA, the Dietary Supplement Health and Education Act.
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India Rules Ayurvedic Products are Medicines, Not Cosmetics

In a controversy stemming from tarrifs, not safety, Cosmetics & Toiletries Magazine reports that in case filed by a manufacturer of ayurvedic products, a New Delhi court ruled that products containing medicinal content and aimed at curing certain ailments would be classified as medicaments and not cosmetics.
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EMPowerplus on trial in Alberta, Canada

The Canadian Broadcasting Corp. reports in this article entitled Supplement maker defends product in court that the trial in Health Canada v. Truehope Nutritional Support Ltd.
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Bush likely to nominate von Eshenbach as permanent FDA commissioner

The latest rumor on Capitol Hill is that the FDA's current acting commissioner, Andrew von Eschenbach, will soon be nominated to take over the job permanently.
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FTC Testifies on Dietary Supplements

Lee Peeler, Deputy Director of the FTC’s Bureau of Consumer Protection, testified yesterday before the House Committee on Government Reform regarding FTC complaints against dietary supplement companies.
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Tenth Circuit agrees FDA can get disgorgement

The Tenth Circuit Court of Appeals has held that restitution and disgorgement are equitable remedies available under the Food Drug and Cosmetic Act. See US v.
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If you enjoy reading the Nutritional and Dietary Supplement Law Blog, subscribe! That way, anytime a new item is posted you will get an email with the title of the new entry and a link.
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Selling Health Food and Nutritional Supplements in China

On March 16, 2006 at 7:00 p.m. EST the National Nutritional Foods Association in conjunction with the US Dept. of Commerce presents Selling Nutritional Supplements in China: The Market, Regulations & Best Practices for Success, a live 1 1/2 hour webinar.
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Nutraceutical & Functional Food Buyer’s Guide

Let's begin with a definition of "functional foods" provided by the Institute of Food Technologists: foods and food components that provide a health benefit beyond basic nutrition (for the intended population).
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Formulated Sciences settles NFL banned supplement case

Supplement maker Formulated Sciences, Inc. has settled its suit against the NFL. The Orange County, California company sued the National Football League and the National Football League Players Association for libeling and boycotting its products.
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Berkeley Nutraceuticals settles with state AG’s

Attorneys General from Arkansas, Florida, Missouri, North Carolina, Ohio, Oregon, Pennsylvania, Virginia, Wisconsin and the District of Columbia announced a $5 million consent agreement with Berkeley.
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WVU researchers: Dietary supplement labels ineffective-update

We previously reported here about a study performed by two professors from the College of Business and Economics at West Virginia University, Karen Russo France, Ph.D.
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