AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
AD Nauseam: NAD and Why Can’t We Be Friends
AD Nauseam: Looking in the Crystal Ball: AD Nauseum Predictions and Resolutions for 2024
AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims
AD Nauseam: A Very Special AD Nauseam – Back to School
December Monthly Minute | The National Advertising Division (NAD)
5 Key Takeaways | Nuts and Bolts of NAD Proceedings
SHOOK SPOTLIGHTS - Shook Attorneys Discuss California ‘Junk Fee’ Amendment - On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will take effect. Under this new provision,...more
ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how...more
Listen to Episode 6 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Dan Silverman talks to host Shahin Rothermel about mitigating class action exposure. Check out the episode....more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
Consumer Sues Pyrex Maker for False Made-in-the-States Claims - New class actions pick up where the FTC left off - Tempest in a Ten-Piece Glass Meal Prep Set - We love false made-in-the-USA claim narratives. They...more
So our holiday gift from the FTC, which flew a bit under the radar if you ask us, was the Health Products Compliance Guide. This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear...more
Once Upon a Farm (OFarm) is an exemplary specimen of a now-familiar type of company - a self-proclaimed provider of “clean” baby food and snacks for older kids. OFarm’s packaging is what you’d expect: vivid, colorful graphics...more
The halfway point of 2022 finds NAD digging deep on supplement substantiation and looking closely at whether product names convey misleading claims. Here are highlights from the past quarter and links to our posts from...more
NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more
This month’s update kicks off spring with a Best in Show throwback ad comparing dog flea and tick medication, pivots to claims for survivalist ready-to-eat meals (don’t even try to act like you saw that coming), highlights...more
The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes. Messy...more
Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for...more
Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth...more
Welcome to our monthly roundup of regulatory and litigation highlights impacting the dietary supplement and personal care products industries. Sit back, relax, and enjoy the read. February was a short month, with a lot...more
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
In addition to the Federal Trade Commission, the National Advertising Division (NAD) has also been active with cases regarding COVID-19 claims. In the latest case, the NAD announced that Nomolotus, LLC, d/b/a Truvani,...more
This is not another post about coronavirus claims, but we do need to start there. Truvani makes a dietary supplement that was formerly called “Under the Weather.”...more
A recent action by the National Advertising Division (NAD), a self regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and...more
Claims found in an Instagram post about an “on-the-go” dietary supplement should be discontinued, the National Advertising Division (NAD) recommended in a recent decision. The self-regulatory body requested substantiation...more
A recent action by the National Advertising Division (NAD), a self-regulatory arm of the Better Business Bureau, illustrates that advertisers who participate but decline to be bound by an NAD Decision can expect to be...more
LEGISLATION, REGULATIONS & STANDARDS - U.S., States Aim to Regulate Cosmetics Ingredients and Research Methods - Federal and state legislatures aimed to bring more scrutiny to cosmetics in 2019 by considering measures...more
In a new decision, the National Advertising Division (NAD) recommended that the marketer of a dietary supplement discontinue claims about its product performance and safety, its testimonials, and its “doctor recommended”...more
On October 22, 2019, Skadden hosted our Ninth Annual Pharmaceutical and Medical Device Enforcement and Litigation Seminar in New York, which focused on U.S. enforcement issues companies face throughout the industry. The key...more
LEGISLATION, REGULATIONS & STANDARDS - U.S. Lawmakers Urge FDA to Act on CBD - A group of U.S. lawmakers, led by Reps. Chellie Pingree (D-Maine) and James Comer (R-Ky.), have urged the U.S. Food and Drug Administration...more