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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 ....

New York , United States , New York Presbyterian Hospital , Highland Farms , Eric Anthony Nepute , Nuwave Oxypure , Justice Breyer , York State Court , Elanco Animal Health Inc , Vi Jon Inc , Zarbee Inc , Supreme Court , First Day Life Inc , Council For Responsible Nutrition , Jm Brands , University Of Minnesota , Plant Health Inc , First Day Life , Daily Enrichment Vitamin , Oxypure Air Purifier , Coronavirus Surrogate , New York Presbyterian , Ninth Circuit , Protection Act , Non Alcoholic Fatty Liver Disease , Fatty Liver Index ,

Multivitamin marketer agrees to cease ADHD treatment claims


Multivitamin marketer agrees to cease ADHD treatment claims
The manufacturer of a multivitamin has withdrawn a number of claims relating to the purported benefits its product has for hyperactive children as part of a National Advertising Division case.
The case was brought against the firm First Day Life Inc. and related to claims on its Daily Enrichment Multivitamin. 
Offending claims
Among the claims were:
Millions of kids in the US are hyperactive.  They’re distracted & impulsive.  But there’s a secret cause that has just been discovered: Nutritional Deficiencies.  Even when we think our kids are eating well, they might not be getting critical vitamins. In fact, 93% of kids aren’t eating enough fruits and veggies every day. That creates chemical imbalances that affect their behavior. That’s where First Day Kids Enrichment comes in to improve their behavioral development”; ....

Council For Responsible Nutrition , First Day Life Inc , First Day Life , Daily Enrichment , First Day Kids Enrichment , Day Kids Enrichment , Picky Eaters , சபை க்கு பொறுப்பு ஊட்டச்சத்து , பிகீ சாப்பிடுபவர்கள் ,