Legalities
Trademark and Brand Protection Strategies: United States and Abroad
A trademark is a word, symbol or phrase (or even a smell or sound) that is used to distinguish the source of goods and services on the market from every other brand out there. As opposed to copyright or patent rights which expire, trademarks can last in perpetuity if properly maintained. This provides enduring value ...
Has your Company Been the Victim of a Consumer Class Action?
I was extremely happy to attend my first SupplySide West, an event I normally never miss, in three years, due to COVID-19. The show presents a wonderful opportunity to speak with leaders in the natural products industry and gauge what is going on in the trade. As an attorney, it seemed that many people I ...
Trademarks and CBD: How Can Nutraceutical Companies Protect Trademarks Used on Products Containing CBD?
Discussion of the current policy of the U.S. Patent and Trademark Office, recent legal decisions and strategies for obtaining protection for marks used in connection with products containing CBD. The legalization of hemp-based cannabis products by the United States Congress in 2018 was a major step forward in the development of the cannabis industry. Unfortunately, ...
FDA’s Misguided NDI Amnesty Scheme—But Companies Should Still Comply with the Law
On May 19, 2020, FDA (U.S. Food and Drug Administration) published a proposed Guidance Document announcing its intention to adopt a “Policy Regarding Certain New Dietary Ingredients and Dietary Supplements Subject to the Requirement for Premarket Notification: Guidance for Industry” (The Draft Guidance). This document announced FDA’s intent to consider, pending public comment, a six ...
Is It Time to Update Your Website Terms?
Today, virtually every business is an e-business. Whether a business’ website looks much like it did when it was launched 10 years ago or has recently been updated to an e-platform offering the latest interactive tools, websites are often the first and best method of educating consumers about the business and its products and services. ...
New Enforcement and New Rules for Made in USA Claims
On July 1, 2021, FTC (U.S. Food and Trade Commission) finalized its proposed “Made in USA” Rule, in an effort to “crack down” on false and unqualified claims by companies that their products are Made in the USA. The rule was published on July 14, 2021 in the Federal Register and became effective on Aug. ...
Appearances Can be Deceiving: Protecting Design
Intellectual property is important to every industry, and the nutrition industry is no exception. Savvy executives are no doubt aware that patents and trade secrets protect product formulations and that trademarks protect their brand names and logos. However, they often overlook protection for the appearance of their products and their packaging. Design patents, trade dress ...
Should the Dietary Supplement Industry Support FDA’s Push for Mandatory Product Listing?
For those of us who have been around a while, it seems hard to believe that the Dietary Supplement Health and Education Act (DSHEA) just turned 27 years old. Unlike some laws, DSHEA seems to have aged well. The development of an ever-increasing multi-billion-dollar dietary supplement industry that has created incredible new ingredients and products ...
Cosmetics Containing CBD—How Regulated Should They Be?
Cosmetic products containing CBD are everywhere! Lotions, bath salts, serums, powders, shampoo, makeup. Deciding which ingredients to include in a product, how and where to manufacture, and what marketing claims to make are important and at times difficult decisions for a company to make. When considering the inclusion of CBD in a cosmetic product, the ...
It’s Not Just the Federal Government: State Issues of Concern for the Supplement Industry
As we move past the early days of the Biden Administration and the 117th Congress, all signs suggest that we will move into the standard “gridlock” mode that we are all too familiar with from our experiences over the past decade. While the U.S. Food and Drug Administration (FDA) seems to finally be showing signs ...
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