Major Prop 65 Changes Coming In Six Months – What You Need To Know


I just wanted to give you a heads up on the latest and greatest from California and some amendments to its infamous Prop 65 that are going into effect in August 2018 (less than six months). Any company with ten or more employees that operates within the state or sells products in California must provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical in an amount exceeding established standards set forth in Prop 65’s regulations. The regulations specifying warning content that provides a safe harbor under Proposition 65 are currently in transition. Under Prop 65, consumer goods sold in California generally must provide a “clear and reasonable warning” if chemicals listed by the state as “carcinogens” or “reproductive toxicants” are present above specified limits. California amended Prop 65 warning requirements in August 2016, and the changes are scheduled to go into effect in August 2018.  If you […]

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FDA allows KIND to use the phrase “Health and Tasty” – But NOT in its labels or labeling


On March 17, 2015, the FDA issued a warning letter to KIND LLC, because the labels1 and labeling2 of KIND’s products bore a variety of nutrient content claims but the products did not meet the requirements to make such claims.  In particular, the FDA asserted that several of KIND’s products had an implied nutrient content claim, because they bore statements suggesting that the products may have been useful in maintaining healthy dietary practices, and those statements were made in connection with claims or statements about nutrients.  Specifically, the labels of the products bore the claim “Healthy and tasty, convenient and wholesome” in connection with statements such as: “good source of fiber,” “no trans fats,” “very low sodium,” “low sodium,” “+ antioxidants,” “+ protein,” and “7g protein.” Additionally, the FDA claimed that KIND’s website stated, “There’s healthy. There’s tasty. Then there’s healthy and tasty” and “all of our snacks are pretty much […]

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The Moral of the Story – Do it right the first time, and do it right all the time.


United States Department of Justice Seeks Criminal Penalties for a Man Who is Allegedly Selling Dietary Supplements Online in Violation of Prior Court Orders On July 29, 2015, the U.S. Department of Justice announced that it is pursuing criminal contempt sanctions against a Livingston, Montana, man for selling dietary supplements and drugs in violation of two court orders. Toby McAdam, 57, is alleged to have violated a 2010 court order and an order of civil contempt issued in 2013, both of which prohibit him from selling dietary supplements and drugs. The government alleges that McAdam has continued to sell both supplements and drugs, and failed to close down his business and online sites. According to documents filed today, McAdam violated the order of civil contempt by failing to shutter Internet businesses on Amazon.com, websites, and a promotional Facebook page McAdam uses to promote his products. “Court orders must be taken […]

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FTC Wins $1.4 Million Settlement From Procera AVH Marketers For Deceptive Advertising


Supplement Marketers Will Relinquish $1.4 Million to Settle FTC Deceptive Advertising Charges The marketers of a dietary supplement called Procera AVH will relinquish $1.4 million under settlements resolving Federal Trade Commission charges that they deceived consumers with claims that the supplement was clinically proven to significantly improve memory, mood, and other cognitive functions. Under the terms of the settlements, the defendants will pay $1 million to the FTC, and another $400,000 to satisfy a judgment in a case brought by local California law enforcement officials. They also will be barred from making similar deceptive claims in the future and from misrepresenting the existence, results, or conclusions of any scientific study. According to the FTC’s complaint, the defendants marketed and sold Procera AVH as a “solution” to memory loss and cognitive decline, including as associated with aging. The defendants advertised the product using infomercials, direct mail flyers, newspapers, and the Internet. 

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