Legalities
Intellectual Property Considerations Prior to Launching a New Nutraceutical—What Entrepreneurs and Companies Should Know
The global nutraceuticals market is a growing multibillion-dollar industry with a constant flow of innovative new dietary supplements and functional foods and beverages coming to market to meet strong consumer demand. In such a competitive and varied industry, a solid understanding of the basics of intellectual property law as it relates to nutraceuticals is a ...
FTC Maintains Its Focus on “Made in the USA” Claims
During the myriad legal challenges presented by doing business during a global pandemic, it would be easy for marketing departments to lose sight of Federal Trade Commission (FTC) regulations governing such seemingly mundane claims as “Made in the USA” (MUSA); however, given recent FTC activity, companies that market products as MUSA would be well advised ...
Operating Your Business in the Time of COVID-19
As we move past the July 4 holiday into the “dog days of summer” with no signs of abatement in the rate of infection and hospitalizations caused by COVID-19, business owners are faced with a number of challenges maintaining effective operations. Some of these challenges (keeping your workforce safe) are new, some are old with ...
The ABH Nature’s Products Recall—Lessons for Own Label Distributors
On Jan. 21, 2020, ABH Nature’s Products, Inc., ABH Pharma, Inc., and Stocknutra.com, Inc. (collectively “ABH”) announced an unprecedented recall covering in excess of 1,200 products marketed by more than 800 different own label distributors (OLD—companies that hire a contract manufacturer to produce branded products for them). This action came as a result of an ...
USDA Unveils New Federal Hemp Production Rules Amid Concerns from the Industry
The U.S. hemp/CBD industry reached another milestone at the end of 2019, as long-awaited federal rules were announced governing hemp production in the U.S. Still, many in the industry have expressed frustration at some of the new requirements making it more difficult than ever to grow, process and market hemp. And, there still remains a ...
Why California’s New Privacy Act Matters to Non-California Companies
In 2018, businesses collecting data from residents of the European Union scrambled to identify the requirements of General Data Protection Regulation (GDPR) and make changes to comply. In the next several months, the same scramble likely will be employed for businesses doing business with residents of the State of California because the California Consumer Privacy ...
CBD Developments in the Food and Beverage Industry
The Agriculture Improvement Act of 2018, commonly referred to as the Farm Bill, dramatically altered the landscape for companies seeking to grow, market, distribute and sell products containing hemp and its derivatives, including CBD (cannabidiol). CBD has no psychoactive properties, unlike THC (tetrahydrocannabinol), the other primary commercially viable cannabinoid found in the plants of the ...
FDA Enforcement 101
The U.S. Food and Drug Administration (FDA) has a broad mandate to protect the public health by ensuring that foods—including dietary supplements—(except for meat from livestock, poultry and some egg products which are regulated by the U.S. Department of Agriculture) are safe, wholesome, sanitary and properly labeled. FDA also ensures that human and veterinary drugs, ...
What is Slack-fill & Why You Need to Know
It seems that we spend so much time thinking about the product that goes inside the bottle or box, that we sometimes give very little thought to the package itself. There are several issues concerning product packaging that deserve your attention, including the question of whether the container itself is potentially “misleading.” The possibility of ...
Website Accessibility: Lawsuit Avoidance and a Potential New Source of Customers
Having a website has become a necessity for most businesses. It also may be a potential source of litigation. For instance, in the past several years there have been more than 750 lawsuits initiated by individuals who have visual impairments concerning their inability to access or use a company’s website. These claims are raised primarily ...
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