Ad Law Access

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

Supreme Court Rules on Generic Drug Labeling Preemption

On June 23, 2011, the Supreme Court rendered its decision in Pliva, Inc. v. Mensing holding that FDA regulations governing generic drug products directly conflict with and preempt state laws that would require generic…

What You Need to Know About the Law Relating to the Marketing of Dietary Supplements in the U.S., the EU and China

Consumers around the world are increasing their use of dietary supplements. In the United States alone, consumers spend almost $27 billion per year on dietary supplements, and the EU and China are also rapidly…

Non-Profit Sues 34 Sellers of "Organic" Cosmetics

Last week, the Center for Environmental Health, a non-profit organization, filed a complaint in California Superior Court alleging that 34 cosmetics companies violated the California Organic Products Act of 2003…

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…