Ad Law Access

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

Growing FDA and FTC Collaboration Changes Regulatory Landscape for Marketers

Kelley Drye

It is no secret that marketers are striving for ways to legally and effectively educate consumers about the health benefits provided by food and dietary supplement products. In fact, Natasha Singer of the New York…

Hold the Tweets: Why Marketers of Consumer Health Products Should Watch For FDA's Policy on Social Media

Kelley Drye

The Food and Drug Administration (FDA) is expected to issue guidance and possibly regulations regarding use of social media. These policies will only be enforceable on marketers of prescription drugs and restricted…

U.S. Supreme Court Upholds Federal Preemption In Childhood Vaccine Liability Case

Late last month, the U.S. Supreme Court ruled on a significant federal preemption case concerning an individual’s right to sue a vaccine manufacturer for injury that is alleged to have resulted from a defect in a…

Can We Say That? A Practical Guide to Substantiating Claims for Food and Consumer Health Products

This Monograph, published by the Food and Drug Law Institute, is designed to assist lawyers, regulatory advisors and marketing professionals answer the question "Can we say that?" as they design and execute programs to…

FDA Warning Letter Cites FTC Act and Further Confirms Cooperation Between Agencies

On February 1, 2011, the Food and Drug Administration (FDA) issued a warning letter to dietary supplement maker Tennessee Scientific, Inc., relating to a number of product claims on the company’s website. The letter…