Food supplement and cosmetics Legal Bulletin | March 2018 | Shook, Hardy & Bacon L.L.P. | CLAIM YOUR FREE BOTTLE !

The Directorate-General for Health and Food Safety of the European Commission has ad the results of a test of the first EU-coordinated control plan aimed at identifying cross-border offers, promotions and sales of products that do not comply with national or European legislation on food and nutrition .

Conducted in September 2017, the test looked for websites offering supplements claiming to prevent, treat or cure bone and joint diseases or referring to such properties with "disease-related expressions, images, or symbols." Participants were also invited to look for novel foods containing four unauthorized ingredients in the European Union: agrafine sulfate (4-aminobutyl) guanidine, acacia rigidula, epimedium grandiflorum and hoodia gordonii.

The review of nearly 1,100 websites revealed 251 supplements containing unauthorized drug claims and 428 new food offerings; about 15% of the total offers came from third countries, mainly from the United States and China. According to the Commission, 'experience shows, however, that the reaction of third countries in the case of food supplements and novel foods which do not comply with EU legislation is weak and that cooperation and mutual support should be improved, especially in the case of e-commerce. The Commission will discuss this issue with the respective US and Chinese authorities. "

DISPUTE


Anti-Aging Co. settles the costs of the FTC

The US Federal Trade Commission (FTC) reached an agreement agreement with Telomerase Activation Sciences Inc. and its CEO, Noel Patton, to settle administrative costs alleging that the company lacked evidence to support its anti-aging claims and other health claims when it was marketed. The agency claimed that, according to TA Sciences, its products offer anti-aging benefits by extending short telomeres and thus extending the life of normal cells. The products, sold in the form of powder, capsules and topical cream, sold for between $ 100 and $ 600, according to the report. complaint. Under this agreement, TA Sciences will not make claims that are not supported by competent and reliable scientific evidence. The agreement specifically targets claims that a product reverses human aging, prevents or repairs damage to DNA, or prevents or reduces the risk of cancer.

The lawsuits claim that Ulta sells used makeup

Ulta Beauty Inc. allegedly sold cosmetics under a false representation as new to "unsuspecting consumers", according to several alleged class actions. Smith-Brown c. Ulta Beauty Inc., No. 18-0610 (N.D. Ill., E. Div., Deposited on January 26, 2018); Devries c. Ulta Beauty Inc., No. 18-1723 (Fig. Circ.-Ct., Cook Cty., Deposited on February 8th); Ogurkiewicz c. Ulta Beauty IncNo. 18-3006 (Ill.Cr. Ct., Cook Cty., Filed March 7, 2018).

The lawsuits were motivated by social media posts from former employees of Ulta who claimed that the store "routinely used used cosmetics, many of which had been used and returned to the store, so to mislead consumers into thinking that the products were new and unused ". according to a complaint. Social media publications allege that Ulta executives have asked their employees to clean up the returned products "with cotton swabs" to give them a "new" look.

"Consumers expect beauty products to be new and unused when they are purchased from retailers, such as Defender, because by their very nature, the beauty products used are unhealthy and unhealthy." present a risk of contracting the disease, "says one of the complaints. Relying on various allegations of unjust enrichment and strict product liability, as well as breaches of consumer protection legislation, the plaintiffs seek class action certification, injunctions, damages and interest and legal fees.

Marketing company will pay $ 2 million to settle FTC claims

The Federal Trade Commission (FTC) has ad a $ 2 million settlement with Marketing Architects Inc. (MAI) to resolve allegations that the company allegedly broadcast deceptive radio ads for Direct Alternative customer's weight loss products, including Puranol, PH Plus , Acai Fresh and Final Trim. FTC settled misleading advertising and illegal billing claims with Direct Alternative in 2016. According to the FTC announcement, "MAY has developed and disseminated fictional weight loss testimonials and created radio ads for falsely disguised weight loss products in information. " In addition, the company's incoming call scripts did not reveal to consumers that they would be enrolled in a program that automatically renews their purchase. The $ 2 million settlement will be paid to FTC and Maine and "may be used to reimburse consumers who have been harmed by MAY's alleged misleading behavior".

Putative group action on Monat products causing hair loss

Monat Global Corp. faces an alleged consumer class action alleging that the company's products caused their hair to fall. Whitmire c. Monat Global Corp., No. 18-20636 (S.D. Fla., Deposited on February 20, 2018). The plaintiffs argue that Monat promotes its hair products as "naturally occurring" and "safe" and responds to consumer complaints by referring to hair loss and scalp irritation in the skin. part of a "detox" period offering sales representatives the opportunity to suggest more expensive products. The complaint further alleges that Monat considers the products to be free of sulphates and petrochemicals although they allegedly contain both compounds. Citing violations of Florida's consumer protection law, negligence, product liability and unjust enrichment, plaintiffs seek class action certification, damages, injunctive relief, attorney fees and orders imposing the removal of misleading claims and the inclusion of important security information.

In addition, Monat filed an action for defamation against a former sales representative who had resigned because she would have lost her hair after using the products. Monat Global Corp. c. Harrington, No. 18-0008 (E.D.N.C., filed January 26, 2018). The sales representative reportedly created a closed Facebook group in which she and others claimed the products had caused "scalp wounds and abrasions, hair loss, baldness and were dangerous to women. pregnant or those undergoing cancer treatment ". and pictures of their alleged wounds. according to BuzzFeed NewsSince November 2017, more than 12,000 people have joined the Facebook group. Claiming commercial disparagement / commercial slander / insulting lies, defamation and unfair injury to a potential economic benefit, Monat seeks an injunction and an order that the sales representative "publish public statements in an appropriate manner". forums to mitigate the negative effects and consumer confusion "caused by his statements.

Court rejects complaint about weight loss labeling against Vitamin Shoppe

A California federal court dismissed an alleged class action against Vitamin Shoppe Inc., finding that state consumer protection laws did not provide for a private right of action in the event of lack of justification. . Nathan v. Vitamin Shoppe Inc., No. 17-1590 (S.D. Cal., Entry on February 12, 2018). The Applicant alleged that the label of Garcinia Cambogia extract from Vitamin Shoppe contained the statements "Weight Management" and "Appetite Control", which led her to believe that it was a slimming product. The plaintiff had already commenced a lawsuit alleging that the same product had been mislabelled because studies would have shown that consumption of garcinia cambogia did not facilitate weight loss, but she rejected the action before filing a claim. second. Additional details appear in the numbers 50 and 51 from that bulletin.

In addition to concluding that she had no private right of action under the state consumer protection legislation, the court noted that the "first problem" of the complaint was the assertion that the statements on the label amounted to a statement that the product allowed to lose weight. advantages. The court found that the second problem was that the only study cited by the applicant that dealt directly with the statements on the label used qualifying terms that made its conclusion insufficient to invoke a plausible allegation of falsification or misrepresentation.

Drunk Elephant Eye Cream violates FDCA, says prosecutor

One consumer has filed a presumptive class action alleging that Drunk Elephant LLC Shaba Complex Eye Eye Serum does not provide the advertised structural and functional changes to the skin. Nguyen c. Drunk Elephant LLC, No. 18-1051 (S.D.N.Y., filed February 6, 2018). The complaint alleges that Drunk Elephant misleads consumers into believing that the product "smoothes skin roughness" and "decreases glycation" with several ingredients, including niacinamide, "a potent ingredient identical to the skin and to cellular communication that enhances the skin's elasticity ". Alleging that the product is "worthless", says the plaintiff, claiming that the members of the supposed class deserved a refund of the total purchase price. She further claims that Drunk Elephant's marketing is making drug claims in violation of the Federal Food, Drugs and Cosmetics Act (FDCA) because the company says the product will alter the structure of the skin. Alleging fraud and false advertising, the plaintiff seeks a class action certificate, an injunction and damages.

Grisi Soaps, Jason's shampoos targeted in "natural" trials

Consumers filed alleged class actions alleging that Midway Importing Inc. and Jason Natural Products advertise their products as "natural" although they contain synthetic ingredients. Rivera c. Midway Importing, Inc.No. 18-1469 (C.D. Cal., Filed February 22, 2018); Li c. Jason Natural Products, Inc., No. 18-1127 (S.D.N.Y., filed February 8, 2018).

Midway Importing, which sells Grisi soaps, presents its products as "natural", but these contain several supposedly unnatural compounds, including sodium lauryl sulphate, citric acid, titanium dioxide and carbonate. calcium. The complaint argues that reasonable consumers would not understand that the four ingredients are synthetic and that the applicants would not have paid any premium for the products they had known. Alleging violations of national consumer protection laws and the Magnuson-Moss warranty law, as well as breaches of the warranty, plaintiffs are seeking a class action certificate, injunctive relief, interest and legal fees.

Complainants alleging that Jason's hair products are falsely advertised as "extra soft" or "all-natural" rely in part on the Environmental Working Group's Skin Deep Cosmetics database to claim that the products contain "toxic" ingredients and synthetic. The complaint also states that, according to the Federal Trade Commission, "it is false and misleading to advertise or package a product as" All Natural "or" 100% Natural ". It contains one or more synthetic ingredients. "York Consumer Protection, the plaintiff seeks class action certification, injunction relief, damages and attorney fees.

Alleged Class Action Claims Targeted Cleaning Wipes Cause Allergic Reactions

A consumer has brought an alleged class action alleging that Target Corp.'s Up & Up Cleansing Cleansing Wipes. had caused swelling, stains and a burning sensation on the skin, requiring the use of a drug to relieve them. McAteer c. Target Corp., No. 18-0349 (D. Minn., Deposited on February 7, 2018). The complaint claims that Target describes its cleansing wipes as "soft" and "hypoallergenic", but that they are "so harsh that they cause an allergic reaction of users' skin". Citing the Skin Deep Cosmetics database from the Environmental Working Group, the Applicant alleges that the products contain "corrosive chemicals and known human allergens", including fragrances, hexylene glycol, and the like. tocopheryl acetate. The complaint also lists a number of negative online reviews on the Target and MakeupAlley website. Alleging a violation of the Magnuson Moss Warranty Act, negligence, fraud and unjust enrichment, the plaintiff seeks class certification, an injunction, damages and attorney's fees.

SCIENCE


JAMA Calls for opinion on activism Transparency in nutrition research

In one JAMA Point of view articleResearchers at Stanford University have argued that nutritional studies should focus on the financial and non-financial conflicts of interest of their authors, including their dietary preferences and activism.

Noting that "the puritanical view that accepting food industry funding ipso facto false results is obsolete," the authors briefly ask for a record of financial disclosure before focusing on non-conflicting interests. financial. "Advocacy and activism have become more important aspects of the work of many nutrition researchers and must also be considered as conflicts of interest that must be disclosed," they say.

"Therefore, it is important for nutrition researchers to reveal their advocacy work or their activism, as well as their food preferences, if any, in relation to what is presented and discussed in their articles," the researchers explain. "This is even more important for specific, circumscribed and respected food preferences. For example, readers should know if an author strongly adheres to a vegan diet, Atkins diet, a gluten-free diet, a high-protein diet, specific brands of supplements, etc., if these dietary choices are discussed in an article. . "

"As a general rule, if one can reasonably expect that a living example of an author will influence the way some readers perceive an article, the disclosure must be encouraged," he says. concludes the article. "Authors who have deep convictions and make highly motivated choices about diet or other behaviors should not hesitate to disclose them. This could help everyone understand who is promoting what and why. "

Food supplement and cosmetics Legal Bulletin | March 2018 | Shook, Hardy & Bacon L.L.P. | CLAIM YOUR FREE BOTTLE !
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