In a decision that reverses its Administrative Law Judge and sets new national environmental policy, a Federal Trade Commission decision released on October 19, 2015 forbids the term “Biodegradable” from appearing on any product unless that product is shown to completely break down into elements in nature within five years after customary disposal. See In re ECM […]
On January 30, 2015, the Circuit Court of Appeals for the District of Columbia entered its decision in the case of POM Wonderful, LLC (“POM”) v. Federal Trade Commission (“FTC”), No. 13-1060. In that decision, the D.C. Circuit upheld the FTC’s findings that POM violated the Federal Trade Commission Act (“FTCA”) by misleading consumers through […]
By Eric Awerbuch In April, 2014, five members of Congress introduced a bill, H.R. 4432 (hereinafter “the Bill”) seeking to regulate, among other things, the labeling of bio-engineered food products.[i] The Bill, also known as the “Safe and Accurate Food Labeling Act of 2014,” is remarkable in that it: 1) prohibits the States from […]
Last Wednesday, FoodNavigator-USA.com published an article written by Elaine Watson and entitled, “Vermont GMO labeling bill heads to governor’s desk. But can it withstand a First Amendment challenge?” In that article, Watson notes how the bill, which requires GMO labeling for foods produced with genetic engineering and prohibits such foods from being labeled “natural,” has […]
Oral arguments concluded on Monday, April 21, 2014, in the POM v. Coke (Dkt. No. 12-761) case pending before the United States Supreme Court. Click here to read what experts had to say about the arguments. To recap, POM originally challenged Coke’s marketing for Minute Maid “Pomegranate Blueberry” fruit juice blend. POM filed a Lanham Act […]
Representative Mike Pompeo (R-KS) introduced legislation last Wednesday that would preempt state laws that require mandatory labeling of genetically modified foods. Currently, Maine and Connecticut have passed GMO labeling laws that are contingent upon other states approving such laws, but many other states are considering enacting GMO labeling laws. Pompeo’s bill, named the Safe and […]
Emord & Associates, P.C. is an AV-rated (highest in legal ability and ethics, Martindale-Hubbell organization) constitutional and administrative law firm located in Washington, D.C., Clifton, Virginia, and Chandler, Arizona (see emord.com). The firm has represented clients in eight successful First Amendment challenges against the Food and Drug Administration since 1999. On January 22, 2014, Emord […]
Consumers harmed by a generic drug manufacturer’s failure to warn have no recourse thanks to a U.S. Supreme Court ruling. In 2004, Karen Bartlett took sulindac, a generic, prescription-only non-steroidal anti-inflammatory drug manufactured by Mutual Pharmaceutical, for her painful shoulder. A few weeks after Bartlett took the drug, she developed an acute case of toxic […]
Qualified Health Claims permit nutrient-disease risk reduction claims to be made for dietary supplements without fear of FDA or FTC enforcement. The FDA allows such claims in reliance on its “enforcement discretion,” following submission of a health claim petition. The FDA’s “enforcement discretion” is a euphemism because the agency is constitutionally barred by precedent in […]
As previously reported here, in the prior administration, FDA had an unwritten and informal enforcement policy that that allowed a website selling dietary supplements to link to scientific literature discussing nutrients in those supplements and diseases, provided that the page containing the scientific literature was at least “two clicks” away from product pages in question. […]
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