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Claims Emerge To Join “Natural” As Class Action Fodder

This article was originally published in The Tan Sheet

Executive Summary

Claims a product is “natural,” health and prevention claims, “whole grain” and “made with” claims, all can put a firm at risk for a lawsuit, the Center for Science in the Public Interest warns. After climbing for five years in a row, class action lawsuits brought against food products dipped in 2013, but the decline may be short-lived.

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Regulatory News In Brief

FTC/Garden of Life case continues; FDA deems ForMor in violation of GMPs; Kanebo faulted for pharmaceutical GMP failures; CytoSport settles litigation over Muscle Milk labeling; USPlabs’ carb claim canned in NAD review; FDA extends comment time on FSMA tracking pilots.

J&J Settles Class Action For “Misleading” Neutrogena Naturals Claims

The case hinges on claims used to promote Neutrogena Naturals cleansers and moisturizers – specifically, that they are “natural products that contain no petrochemicals,” according to court documents. The consumer plaintiffs say they paid a premium over “comparable products” on the basis of those claims.

In Absence Of Standards For Natural, NAD Focuses On Context

Without regulatory guidelines, the National Advertising Division evaluates natural claims based on consumer expectations and the context in which they are used, a staff attorney says. Speakers at NAD’s annual meeting said natural claims guidance is not an FDA priority, but industry might be better off without regulatory input.

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