Gray Zone Between FDA And FTC Nutraceutical Regulation

Law360, New York (August 13, 2013, 8:53 PM EDT) -- As we have come to expect in our litigious society, the rise of nutraceuticals in the consumer market has led to a concomitant rise in litigation over nutraceutical labeling and marketing. A nutraceutical, in the broadest sense, refers to any food product that claims to have health or medicinal benefits. These range from isolated nutrients and dietary supplements to genetically engineered foods, herbal products and processed foods.

The often hyperbolic claims touted in labeling and advertising for these products provide fertile ground for "consumer fraud"-type claims, particularly in states like California that broadly define a cognizable injury, and generally permit class...

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