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FDA Seizes Ephedra from Hi-Tech

FDA announced more ephedra seizures last Friday, this time from Hi-Tech Pharmaceuticals, an Atlanta area supplement maker. For the FDA press release, click here. We previously mentioned Hi-Tech in connection with a trade dress dispute here.
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Creatine Patent Infringement Case Filed against NBTY

The Original Creatine Patent Company, a UK firm that owns several patents for creatine supplement formulations, has sued NBTY and several of its subsidiaries, including Vitamin World, Nature's Bounty, and Puritan's Pride, for patent infringement.
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GNC Strikes Back at Dissident Franchisees

General Nutrition Centers, Inc., the ubiquitous brick-and-mortar supplement retailer and franchisor, has taken a group of GNC franchisees to task for speaking out. GNC has filed suit in the Western District of Pennsylvania against several franchisees who formed the General Nutrition Operators Association (GNOA), a group that purports to represent GNC franchisees and their economic interests.
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Glucosamine and chondroitin study results mischaracterized by media

As Steven Shapiro, Esq. of Ullman, Shapiro & Ullman pointed out at last week's FDLI Food Law Regulation Workshop, an effective supplement regimen has once again been the subject of unfair media bashing despite positive study results.
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Hope in a Jar and a Message in a Bottle

Hip cosmeceutical maker Philosophy has sued the South Florida dermatology practice of Dr. Fredric Brandt for trademark infringment. Philosophy claims that when it adopted the mark HOPE IN A JAR for a moisturizing cream, Dr.
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AHPA Supplement Claim Substantiation Teleseminar

The American Herbal Products Association will hold a teleseminar on March 3rd entitled "Substantiation for Dietary Supplements — How to Ensure Dietary Supplement Product Claims Are Truthful, Legal & Documented."
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NNFA Claims Saw Palmetto Study Misleading

The National Nutritional Foods Association reacted strongly to a study published in the New England Journal of Medicine that found no difference between patients with an enlarged prostate condition who were treated with saw palmetto versus a placebo.
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Time to expand the definition of “ingestion” under DSHEA

In recent years more and more drugs, both OTC and prescription, have been made available with nasal inhalation delivery systems. Most recently, the FDA announced approval of inhaled insulin.
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3rd Circuit Limits Appeal of FDA Ban of Ephedra

In a decision on precedural issues, the Third Circuit Federal Court of Appeals has ruled on the scope of federal court review of FDA regulations imposed on dietary supplements regulated under DSHEA.
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Berkeley Nutraceuticals hit with FTC Complaint

Just a few short days after several former executives of Berkeley agreed to plead guilty to federal criminal charges, the FTC has filed this complaint against the company charging it with unfair and deceptive trade practices in connection with the marketing and sale of a number of the company's nutritional supplement products.
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Lexis ONE Q&A With Joel Rothman, Nutritional And Dietary Supplement Law Blogger

Yours truly is featured in this month's Balancing Life and Practice column at Lexis One. While I do not profess to be a poster child for balance, it is nice to get some publicity and recognition from Lexis, a resource I use regularly.
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Dietary Supplement Ad Creator Settles FTC Charges

This article reports that the Federal Trade Commission has settled misleading advertising charges with Chase Revel, the creator of advertising for Gero Vita International's dietary supplements.
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Regulating Functional Foods: Pre- and Post-Market Strategy

While doing some research I ran across this Duke law journal article entitled REGULATING FUNCTIONAL FOODS: PRE- AND POST-MARKET STRATEGY. The article is on the web in full text, so I thought I would post it.
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Berkeley Neutraceuticals executives plead guilty in federal fraud case

From the Cincinnati Business Journal comes this article that details a plea agreement with four former senior executives of Berkely Premium Nutraceuticals, Inc. on mail fraud charges.
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LLRX.com publishes the Nutrisuplaw.com Research Guide!

LLRX.com, the Law Librarians' Resource Exchange, the premier legal research site on the internet, has published "Researching Laws and Information on Nutritional and Dietary Supplements On the Web," the Nutrisuplaw.com
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Scott Tips Reports from Codex

The potential impact of rules adopted by the Codex Alimentarius commission, especially what effect these rules may have on nutritional supplement availability in the US and elsewhere, has been hotly debated.
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Busy News Day at the FDA

In the last 24 hours, FDA has issued two press releases on supplement issues, one concerns another ephedra seizure, and a second warns (albeit belatedly) about brazilian diet pills.
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Article: “Is the GRAS Really Greener?”

This article in Natural Products Insider contains an excellent discussion of FDA regulations regarding food additives that are Generally Recognized As Safe or GRAS. As the article notes, with the passage of DSHEA in 1994, dietary ingredients used in nutritional supplements no longer had to qualify as GRAS, but instead were regulated under a different regulatory scheme that I have described briefly in the Research Guide appended to this blog.
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Jonathan Emord to host “Health Law and Politics” radio program

Beginning January 14, 2006, supplement industry lawyer Jonathan Emord who represented the plaintiffs in the landmark case Pearson v. Shalala will host “Health Law and Politics.”
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Supplement makers fight over GREENS

Vero Beach, Florida based supplement maker Orange Peel Enterprises, makers of the Greens+ line of supplements containing, among other herbal ingredients, chlorophyl, has sued the maker of Super Greens Plus for trademark infringement.
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