Labeling and Advertising
KKB has expertise in all aspects of dietary supplement labeling, including the proper naming of supplements, the Supplement Facts panel, ingredient lists, identification of the manufacturer/distributor, and country of origin labeling. We also advise on structure-function claims, nutrient content claims and FDA-authorized health claims. We have successfully submitted petitions to FDA to seek approval for such claims.
KKB also has extensive advertising law experience relating to dietary supplement claims. We regularly interpret federal and state advertising law - as well as the decisions of advertising self-regulatory bodies - in order to support client's claims with appropriate wording and substantiation. We frequently defend such claims in cases before the FTC, state attorneys general, federal courts and self-regulatory bodies (such as the National Advertising Division of the Council of Better Business Bureaus). In particular, we are very familiar with recent litigation against food and dietary supplement claims under state unfair trade practice laws and can assist clients in crafting claims to help reduce the risk of liability.