Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Tag Archives: Advertising Claims

Pharmavite, Maker of NatureMade Omega-3 Xtra Blend Dietary Supplement, Referred to FTC After Declining to Comply with NAD Recommendation to Discontinue Absorption Claim

Posted in Advertising & Product Risk Management
The National Advertising Division, referred Pharmavite, LLC to the Federal Trade Commission after the company refused to comply with NAD’s recommendations that it discontinue its claim that its NatureMade Omega 3 Xtra Blend dietary supplement has “Nearly 4X Better Absorption* *than standard fish oil concentrate.” To substantiate its “Nearly 4X Better Absorption” claim, Pharmavite relied… Continue Reading

Holy Moly! FTC Says Smartphone Apps Don’t Detect Skin Cancer

Posted in Advertising & Product Risk Management
  The FTC continued its campaign against deceptive health and disease claims with enforcement actions against the marketers of “MelApp” and “Mole Detective,” smartphone apps that claimed to detect melanoma. These enforcement actions follow earlier FTC actions against smartphone apps that claimed to cure acne. The Commission voted 4-1 to settle deceptive advertising claims against… Continue Reading

How Much Cucumber is in My Eye Cream? Why In-House Counsel for Cosmetics Companies Should Care

Posted in Advertising & Product Risk Management
Perusing the labels at your typical cosmetics counter or pharmacy aisle can feel akin to reading the menu of options for a smoothie bar.  “Antioxidants,” “Aloe,” “Vitamin C,” “Almond extract,” “natural fruit,” and “protein” all appear to be popular options.  When it comes to specifics, labels often vary from saying that an ingredient is contained… Continue Reading

FTC Warns Retailers to Police Their Products’ Deceptive Concussion Prevention Claims

Posted in Advertising & Product Risk Management, Product Liability & Torts
As the storm of concussion-related litigation continues to churn, the Federal Trade Commission is once again wading into its turbulent waters. In August, the FTC sent warning letters to five undisclosed “major” retailers, expressing concerns that athletic mouthguards are being advertised deceptively on the retailers’ web sites as helping to prevent concussions. These FTC letters… Continue Reading