For many years, the large supplement maker Twinlab has maintained it owns a family of trademarks for nutrition, vitamin and mineral supplements using the word FUEL as the second word in the mark.

Heaven Sent Naturals, makers of the Elexia nutritional supplements for male and female sexual enhancement sold at GNC Stores has sued the makers of Trojan condoms for trademark infringement in connection with Trojan’s new line of Elexa condoms and sexual enhancement products.

Basing its decision in large part on the determination that a "dietary supplement smoothie" is "legally identical" (the TTAB's term, not mine) to a nutritional supplement, the TTAB has affirmed a refusal to register ISLAND NUTRITION on likelihood of confusion grounds with the previously registered ISLAND BERRIES.

In a complaint filed last week in federal court in California, Salu, Inc., the owner of the popular cosmeceutical site SkinStore.com has sued the owners of competitor NewSkinSpa.com

Supplement maker Vital Pharmaceuticals, Inc., manufacturer of the Redline RTD energy drink, recently filed suit against Red Bull GmbH, manufacturer of the popular Red Bull energy drink.

Two interesting items from the latest NNFA Supplement email worth noting: NNFA Testifies Regarding Health Claims NNFA Executive Director and CEO David Seckman testified that health claims on product labels can benefit both consumers and industry at a November 16, 2005 public meeting in Washington, D.C.

The AHPA is sponsoring what looks like a great seminar on the new food allergen labeling requirements we previously discussed on Nutrisuplaw here. It looks like a great lineup.

Well, they say that if it appears in the NY Times, it has officially "arrived." And so it appears that nutritional supplement use by athletes has, on this day in history, found its place in the pages of the paper of record.

Are government regulators surfing the internet in their spare time looking for supplement makers and marketers violating federal advertising and labeling laws? The answer is yes.

The FDA has denied a petition by supplement maker American Longevity for approval of qualified health claims concerning cancer fighting properties of lycopene, an antioxydant found in red fruits like tomatoes and watermelon.

In a case of first impression under the Federal Food, Drug and Cosmetic Act (FDCA), the Third Circuit Court of Appeals in Philadelphia has held that restitution is available as a remedy and may be ordered against companies that violate the Act.

Excellent article in the NY Times on the entry of large food companies into the organic foods business. The article mentions the First Circuit's decision in Harvey v.

The Office of Dietary Supplements (ODS) at the NIH has released the Annual Bibliography of Significant Advances in Dietary Supplement Research. The press release summarizes this resource: This sixth issue of the Bibliography includes abstracts of the 25 most noteworthy dietary supplement research papers published in 2004, as judged by an international team of reviewers.

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.