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August 13, 2013

Gray Zone Between FDA and FTC Nutraceutical Regulation

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The rise of nutraceuticals in the consumer market has led to a rise in litigation over nutraceutical labeling and marketing. The claims in labeling and advertising for these products provide fertile ground for “consumer fraud”-type claims, particularly in states like California that broadly define a cognizable injury, and generally permit class actions to pursue remedies for such injuries.

In the Law360 article “Gray Zone Between FDA and FTC Nutraceutical Regulation,” Bowman and Brooke attorney Kim Schmid discusses the overlapping authority of the U.S. Food and Drug Administration and the Federal Trade Commission over the labeling, advertising and promotion of nutraceuticals.

Read the Law360 article.