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FDA and FTC Warn 7 Companies Selling Fraudulent Products Claiming to Treat COVID-19

by Nicholas Saraceno | March 16, 2020

The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters to seven companies for selling fraudulent COVID-19 products. These products are unapproved drugs that pose significant risks to patient health and violate federal law. The FDA and FTC are taking this action as part of their response in protecting Americans during […]

Prevagen Maker Faces FTC and New York Claims Challenge

by Nicholas Saraceno | July 30, 2019

Quincy Bioscience (Wisconsin) failed to dismiss a lawsuit in which the Federal Trade Commission (FTC) and New York attorney general said it deceptively marketed the dietary supplement Prevagen by claiming it improved memory, despite a lack of scientific evidence. In a decision released on July 25, U.S. District Judge Louis Stanton in Manhattan rejected Quincy’s […]

Second Circuit Overturns District Court’s Dismissal of FTC’s Complaint Against Marketers of Prevagen

by Nicholas Saraceno | March 12, 2019

According to FDA Law Blog, on Feb. 21, the U.S. Court of Appeals for the Second Circuit issued a summary order reversing the dismissal by the District Court of the Southern District Court of New York of an action by FTC (Federal Trade Commission) and New York State action challenging the marketing claims for Prevagen. […]

CSPI Sends Warning on Ginkgo, Urges FDA to Take Action

by Nicholas Saraceno | June 12, 2018

The Center for Science in the Public Interest (CSPI) has urged consumers to avoid supplements made with ginkgo biloba, which they warn are often adulterated and have been shown to be ineffective in improving memory and circulation. The nonprofit nutrition and food safety watchdog group is also calling on the Food and Drug Administration (FDA) to […]

FTC Complaint Against Quincy Bioscience Dismissed

by Nicholas Saraceno | October 10, 2017

On September 29, Judge Louis Stanton of the U.S. District Court in the Southern District of New York dismissed the Federal Trade Commission (FTC) and the New York Attorney General’s (NYAG) complaint against Wisconsin-based Quincy Bioscience, the makers of Prevagen. In January, the FTC and the NYAG charged the marketers of the dietary supplement Prevagen with making […]

Amazon Deal for Whole Foods Wins Regulatory, Shareholder Approvals

by Nicholas Saraceno | August 24, 2017

On August 23, Washington-based Amazon.com, Inc. cleared two of the biggest hurdles it needed to close its $13.7 billion acquisition of Texas-based Whole Foods Market with approvals from a U.S. regulator and the grocery chain’s shareholders, according to Reuters. The U.S. Federal Trade Commission (FTC) said in a statement it would not pursue its investigation […]

Prevagen Marketers Charged With Deceptive Cognitive Improvement Claims

by Nicholas Saraceno | January 9, 2017

The Federal Trade Commission and New York State Attorney General have charged the marketers of the dietary supplement Prevagen with making false and unsubstantiated claims that the product improves memory, provides cognitive benefits, and is “clinically shown” to work. The extensive national advertising campaign for Prevagen, including TV spots on national broadcast and cable networks such […]

FTC Issues Statement on Homeopathic Drug Marketing Claims

by Nicholas Saraceno | November 21, 2016

The Federal Trade Commission (FTC) announced a new “Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs.” The policy statement was informed by an FTC workshop held last year to examine how such drugs are marketed to consumers. The FTC also released its staff report on the workshop, which summarizes the panel presentations […]

Court Finds LeanSpa Marketer Responsible for Deceptive Claims

by Nicholas Saraceno | October 11, 2016

The U.S. Court of Appeals for the Second Circuit has upheld a lower court ruling requiring the operator of an affiliate marketing group to pay $11.9 million for its part in helping to promote LeanSpa, a deceptively marketed weight-loss supplement. In issuing its ruling, the Circuit Court found that LeadClick Media, LLC recruited affiliate marketers […]

FTC, USDA Set Agenda for Roundtable on Consumer Perceptions of “Organic”

by Nicholas Saraceno | October 4, 2016

The Federal Trade Commission (FTC) and U.S. Department of Agriculture (USDA) announced the agenda for their upcoming joint-agency roundtable on consumer perceptions of “organic” claims for non-agricultural products. The event, first announced in August, will be held in Washington, DC, on October 20, 2016. Jessica Rich, director of the FTC’s Bureau of Consumer Protection, will provide […]

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