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Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021 | Kelley Drye & Warren LLP


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Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry.  April saw a re-emphasis on restriction of COVID-related claims in advertisements for supplements and therapies, developments in various class action cases, including a win for consumers challenging hand sanitizer’s claims of killing 99.99% of germs and a slew of new “natural” class actions, and finally a roller coaster ride for the FTC involving major blows and power moves.
Let’s take a look….
NAD
NAD determined that certain advertising claims made by Zarbee’s, Inc. for its cough products sufficiently identify that honey is the source of the cough soothing benefit and would not reasonably mislead consumers as to the reason for the product’s cough soothing efficacy. However, NAD found that other claims, which could reasonably suggest that the cough sooth ....

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AD-ttorneys@law – May 2021 #1 | BakerHostetler


SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)
Well, the buck stops here (for now).
In AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize the FTC to obtain equitable monetary relief such as restitution or disgorgement. This highly anticipated landmark decision reverses decades of precedent and strips the FTC of one of its key enforcement tools for obtaining consumer redress. The decision will likely represent a sea change in FTC enforcement practices. Read more here.
First FTC Complaint Filed Under New COVID-19 Consumer Protection Act ....

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Coronavirus Risk Mitigation for Hotel Guestrooms and Buildings


The hospitality industry is one of the most financially impacted industries by COVID-19. As a dominant group among the hotel owners in the USA, a large segment of the Indian American community has felt its financial impact.
As the hotel industry struggles to regain its footing while the pandemic continues unabated, ensuring the safety of customers and employees in a hotel is not only a requisite obligation of a hotel owner/manager but it is also a key step towards recovery.
According to a recent survey by Magid, the traveling public is often reluctant to travel and stay at hotels because they do not trust hotels to do everything possible to ensure their safety. Any hotel that is striving for normalcy, gaining a trust of the traveling public is one of the key factors in attracting the customer back. ....

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