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Waiting For FDA: Federal Courts Debate Stays Of 'Natural' Class Actions

This article was originally published in The Rose Sheet

Executive Summary

Mayer Brown attorney Dale Giali discusses the "natural" litigation landscape, where litigants increasingly are sparring over the appropriateness of stays in light of FDA's comment-gathering initiative launched in 2015.

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GMO Evolution Creates Challenges For ‘Clean Label’ Supplement Marketers

Supplement and food firms should "check to see if any ingredients they use may be affected or potentially contaminated by genetically engineered bio-synthesized ingredients,” said Jim Thomas, scientist and co-founder of ETC Group. Biotechnologies have emerged to yield ingredients for clean label products with organisms raised in ecosystems developed from processes that involve genetic engineering.

Industry Growth Makes Supplement Firms Bigger Litigation Targets

Industry is viewed as a source of revenues by underfunded states and counties, says American Herbal Products Association general counsel Anthony Young. Companies that sell large amounts of products in California, New York and New Jersey or that sell mostly through their own website also are big targets for class action lawsuits as well as government agency complaints.

Adding Zarbee's, J&J Gains Natural Market Footprint, Claims Credibility

Zarbee's Naturals vitamin, mineral and dietary supplement products were launched in 2008 by a physician interested in offering non-drug alternative remedies for children and adults for indications such as cough and cold, sore throat, immune support, sleep and digestive health. J&J on the other hand, has been challenged in class action litigation about natural claims it's used on some of its Aveeno and Neutgrogena skin care product labels.

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