The Fourth Circuit Court of Appeals has ruled that Durk Pearson and Sandy Shaw jumped the gun when they sued the FDA for declaratory and injunctive relief to prevent the agency from stopping them from publishing a US government study on the effectiveness of SAMe supplements in treating depression and arthritis.

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."

Many supplement makers do not need DSHEA, argues Wes Siegner, Esq. of the law firm Hyman, Phelps & McNamara, P.C. In this article published at the Natural Products Insider web site, Siegner suggests that many supplement products on the market today could be marketed as foods instead.

Senate bill 3546, the Dietary Supplement and Nonprescription Drug Consumer Protection Act, sponsored by Republican Senator Orrin Hatch and Democrat Senators Tom Harkin and Dick Durbin, looks like it is headed for the fast track to passage in Congress, reports this article in NutraIngredients-USA.com.

The wisdom of the FDA ban on ephedra has again been called into question, this time by a double-blind placebo controlled study published in the International Journal of Obesity.

Nature Made is an incontestible trademark owned by supplement powerhouse Pharmavite, LLC. Nature Made is also the #1 selling "broad line" of vitamin and mineral supplements in the United States.

JEC Nutrition, marketers of South African hoodia supplement H57 has sued CPMC, marketers of a competing hoodia supplement product that goes by the name X57, for trademark infringement.

U.S. nutritional supplement firm GNC Corp. will no longer sell Pat's Shake, the protein drink created by the Rev. Pat Robertson. According to this UPI report, Robertson, 76, credits his "protein shake" with the ability to leg press 2,000 pounds -- 665 pounds more than the current world record, a claim some find dubious.

A Utah Federal District Court has determined that Vitacost.com has sufficient contacts with the state of Utah for the exercize of personal jurisdiction over them in a suit brought by supplement brand leader, Nutraceutical.

The University of Manitoba has officially opened the Richardson Centre for Functional Foods and Nutraceuticals (RCFFN), a $31-million facility that will enable researchers to identify and enhance health-promoting compounds and develop them into marketable food supplements and products.

According to this informative article by Greg Doherty of LA dietary supplement specialty insurance broker Poms & Associates, insurance costs for commercial general liability, including product liability, have finally leveled off for companies in the dietary supplement business.

MII Liquidation Inc., as the former Metabolife International Inc. is now known, said in a court document filed Wednesday that it had reached agreements to settle the first 21 of hundreds of injury and death lawsuits over its once best-selling ephedra-based dietary supplement.

Joseph R. Gannascoli, who played a closeted gay mobster on HBO's "The Sopranos," is being sued by the manufacturer of Stacker 2. According to this report on Forbes.com,

Justin Leonard, self-described "consumer fitness specialist" has launched a new consumer reviews and feedback website regarding supplements at www.supplementcritic.com. The site features reviews on consumer dietary supplements, ostensibly written by other consumers.

This article entitled "Preserving intellectual property before a patent is issued" provides an excellent overview of the patent protection available to neutraceutical companies. The authors, James F.

Making claims in Japan is a dangerous business if you don't do it right according to Paul Yamaguchi, author of this article at the Natural and Nutritional Products Industry Center.

The Journal News reports that PepsiCo Inc. has agreed to settle with Glaceu and change the packaging of PepsiCo's SoBe Life Water. As part of the settlement, PepsiCo agreed to change the label and cap used with SoBe Life Water.

The Miami Daily Business Review has published an article by your blog editor on intellectual property decisions of the 11th Circuit Court of Appeals from this past year.

In an action for breach of contract and trademark infringement between former allies, Darius International, Inc. and Innerlight, Inc., units of Quigley, have obtained a preliminary injunction against Dr.

FDA Drug News Daily reports that South Korea's top science official announced plans to develop at least six natural medicines in the next five years in a bid to increase its presence in the market.