September 2010 | Food and Drug Law Journal, Vol. 65, No. 3
The article, “Marketing Nutrition & Health-Related Benefits of Food & Beverage Products: Enforcement, Litigation & Liability Issues,” discusses the significant increase of liability risks associated with food and beverage product marketing, particularly with respect to nutrition and health-related product benefit claims. The authors discuss the factors that have contributed to this trend. These factors include significant limitations in the governing federal standards, which fail to ensure that accurate, well substantiated marketing claims are authorized and adequately protected, and a lack of harmonization and uniformity across the applicable federal and state laws. The authors also provide suggestions for policy reforms to effectively support the development and marketing of healthy food and beverage products.
With permission from FDLI.