Food, Beverages, and Dietary Supplements
Food, beverages, and dietary supplements collectively comprise a multi-billion dollar industry, which is fast-paced, innovative, and highly regulated on federal and state levels by multiple regulatory agencies. Fuerst Ittleman David & Joseph attorneys are experienced in counseling our food, beverage, and dietary supplement clients on the numerous regulatory frameworks that apply to the myriad of products in these industries. From initial concept, registration and labeling to marketing, manufacturing and post-market activities, our firm is well-positioned to assist our clients, both foreign and domestic, in meeting the legal and regulatory requirements set by state and federal agencies, including the FDA, USDA, and FTC.
The FDA regulates the labeling of food, beverages, and dietary supplements on a federal level. While all three of these industries are regulated by FDA’s Center for Food Safety and Applied Nutrition (CFSAN), each of these has unique legal labeling requirements. Our attorneys are well-versed in helping our clients understand the requirements applicable to their particular products and in creating product labeling that is compliant with all applicable laws while maintaining the overall brand and marketing message strategized by the business plan. Many individual states, such as California, also have regulations regarding food, beverage, or supplement labeling, and we help our clients maintain compliance with these regulations as well.
Marketing and Claims Review
The FDA and FTC work together to regulate food, beverage, and supplement marketing and promotional materials. Both of these agencies evaluate website pages, product brochures, and infomercials for compliance with federal laws. Additionally, the individual states employ their own “mini-FTC Acts” to police food, beverage, and supplement makers, and distributors and the marketing claims they make. While it can be daunting for clients to comply with the regulations and policies for all of these agencies, our attorneys are highly experienced in helping to develop marketing strategies in compliance with all applicable requirements. With private litigation and federal and state agency enforcement action on the rise against food, beverage, and dietary supplement manufacturers and distributors, it is critical to have capable attorneys who are knowledgeable about these industries and regulations in your corner to help you establish, maintain, and defend your brand. Our attorneys are available to work with you to review and revise the marketing materials you utilize in promoting your food, beverages and supplement products.
Laws and regulations applicable to ingredients can differ for food, beverages, and dietary supplements. Individual states may also implement their own regulations for ingredients in these types of products. It is important for clients doing business in the food, beverages, and dietary supplement industries to understand the laws applicable to the ingredients they choose for their products. The regulatory lawyers at Fuerst Ittleman David & Joseph will review the ingredients in your products for compliance with these various regulations and policies to determine whether any formulation changes should be suggested, and to determine if the ingredients are properly labeled on the products.
Medical foods are a unique category of food products recognized by the FDA that are subject to a very distinct set of regulatory requirements. The FDA has established specific labeling, ingredient, marketing, and substantiation regulations and policies for medical foods, and has taken enforcement action against those companies marketing and distributing medical foods in violation of those regulations and policies. Our firm has worked with a variety of medical food manufacturers and distributors in the past and has advised them on the legal requirements applicable to this unique set of products. We have helped our clients navigate this complex regulatory arena and maintain compliance with the federal and state regulations applicable to this niche industry.
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