Dietary Supplements and Functional Foods: What You Need to Know About 2010 Enforcement

To stand out in a crowded marketplace, food and dietary supplement companies are using increasingly unusual and aggressive marketing claims.  But the FDA, the FTC, your competitors, class action attorneys and others are all watching closely.

In the past six months, the FDA has issued numerous Warning Letters to food companies for a variety of labeling violations with class action lawsuits soon following.  The FTC has also been scrutinizing claims, with the recent announcement of another settlement with Kellogg's concerning health claims for the brand’s cereal. 

How can you be sure that claims in your food packaging and marketing will pass scrutiny?

In this 90-minute audio conference, food and dietary supplement regulatory expert Ivan Wasserman will discuss how the FDA and the FTC regulate these claims, and advertising litigation expert Chris Cole will provide details on the litigation landscape and how to best protect your company from litigation.

Questions To Be Answered:

• What are the most recent FDA, FTC, NAD and State AG enforcement actions?
• What are the key risk factors that lead to class action litigation on claims?
• What are the details of the FDA regulatory scheme for claims for functional foods and dietary supplements?
• How does the FTC review claims?
• What is the current class action landscape?
• How can you help insulate your claims from attack by competitors?

Attendees Who Will Benefit From This Audio Conference Include:

• ANYONE responsible for advertising or packaging claims
• Corporate executives and directors
• Compliance and regulatory affairs staff
• Business development, sales and marketing professionals
• General and corporate counsel

Ivan Wasserman
is a partner at Manatt, Phelps & Phillips, LLP, focuses on matters involving the marketing of foods, dietary supplements, cosmetics, drugs, and medical devices. With extensive experience advising clients on the advertising and labeling of products such as these, which are subject to overlapping jurisdiction of the FDA and FTC, he helps his clients develop creative approaches to meeting marketing objectives while staying within the constraints of applicable regulatory frameworks. Ivan has been published in numerous professional journals, and is an entertaining and frequently requested speaker at industry conferences. He earned his J.D. from The George Washington University Law School

Christopher Cole

is a partner at Manatt, Phelps & Phillips, LLP, has earned national recognition for his work on comparative advertising matters.  He has served as counsel in Lanham Act false advertising cases all over the country, and regularly appears before the National Advertising Division (NAD).  As an integral part of this practice, he regularly advises regarding the development, substantiation, approval and defense of advertising and labeling claims.

In addition to work in the advertising area, Christopher handles civil litigation and counseling that focuses on unfair competition and trade regulation, product disparagement, brand protection, and defense of government enforcement proceedings.  He frequently represents companies that require overlapping and multifaceted solutions, not only in court, but also before federal regulatory agencies such as the FTC, FDA and EPA. 

 

Christopher earned his J.D. from the Boston University School of Law.