Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FDA Tightening Oversight of Dietary Supplement Industry

This morning, the FDA announced its intention to engage in greater oversight of the dietary supplement industry. The announcement also conveyed that the Agency had sent 12 warning letters and five advisory letters to…

Five Cannabidiol (CBD) Regulatory Myths

The 2018 Farm Bill legalized cultivation and processing of industrial hemp and various by-products. One hemp-based derivative of considerable interest to manufacturers of personal care products, dietary supplements,…

FDA & FTC Issue Joint Warning Letters to Companies Marketing Products to Overcome Opioid Addiction and Withdrawal

The FDA & FTC today posted warning letters to 11 marketers and distributors of opioid cessation products, alleging that such products were unapproved new drugs that violated the Federal Food, Drug and Cosmetic Act…

Is It Time to Rethink Establishment Claims?

The decision in Kwan v. Sanmedica International , 854 F.3d 1088 (9 th Cir. 2017) in April, has occasioned a lot of discussion about the apparent demise of the establishment claim “standard” in California. What the…

Case Dismissed in FTC v. Quincy Bioscience

On Thursday, a federal court in New York dismissed an FTC and New York Attorney General action against Quincy Bioscience, which sells the dietary supplement, Prevagen. Quincy bases claims for its product on…