Tag Archives: legal

Vote Tabled: New Amendment May Bring Big Changes to the Supplement Industry

UPDATE May 25, 2024: Yesterday’s vote regarding Senator Durbin’s proposed amendment to the pending FDA Safety and Innovation Act was tabled. A Senate vote of 77 to 20 has removed Durbin’s amendment from consideration in the overall bill.

Durbin sponsored an amendment that would change the current FDA regulation of natural supplements and potentially cause many products to be removed from shelves. His amendment was introduced on Tuesday, May 22 and the voting took place two days later. In two days’ time supplement industries, consumer rights organizations, along with the Natural Products Association (NPA), American Herbal Products Association (AHPA), Council for Responsible Nutrition (CRN) and Citizens for Health sent word to their supporters urging them to contact their Senators to oppose Durbin’s plan. As a result, the amendment was not passed and no change will occur to the current law regarding natural supplements. According to the Natural Products Insider, AHPA President Michael McGuffin is very pleased.

“I have worked with my colleagues from each of the other supplement trade associations over the last several days in this call for prompt and cooperative action, and I am pleased that this effort reaffirms the incredible unity of the dietary supplement industry when legislative threats to DSHEA emerge.”

A vote that takes place today could mean a major change for the supplement industry.

Illinois Senator Richard Durbin has proposed an amendment that would require supplement manufacturers to register with the FDA. Due to the terms of this amendment, if passed, many supplements will be ripped from shelves within the next 30 days.

The vote is scheduled to take place this afternoon, Thursday, May 24. If Durbin’s plan is accepted, a mandate will be placed on supplements requiring information to be provided to the FDA. That information includes a description of the supplement, a list of ingredients, a label for all supplements, and updated information for each new, reformulated, or discontinued product. All of these requirements will fall under the Senate FDA Re-authorization for User Fees bill.

If this amendment passes, supplement companies that fail to register with the FDA within 30 days will be considered “mis-branded” and may be subject to severe financial fees and possibly even jail time.

Currently, supplements operate under the Dietary Supplement Health and Education Act of 1994 (DSHEA). This act states that the manufacturer is responsible for ensuring the safety of a supplement before it is marketed. The FDA is only involved if a product is found to be unsafe after it’s on the market.

While the amendment will affect pills and natural food supplements, Durbin seems to be most concerned about the content of energy drinks. He has even referenced a case of a young woman who died as a result of using an energy drink. The senator wants the FDA to evaluate the difference between a drink and a liquid dietary supplement, and feels energy drinks are dodging regulations by claiming to be a dietary supplement. If they were categorized as drinks they would have to be regulated like all other food and drink products.

Natural supplement suppliers and users have had a short window to petition their local senators and encourage them to vote against the amendment. Due to this, tomorrow may bring major change to the natural supplement industry as we know it.

Also Read:

Energy Drinks May be Doing Permanent Damage to Your Teeth 

Supplements 101: 4 Beneficial Diet Supplements 

Create Your Own Supplement Bar

Posted on May 24, 2023 by Lacy

How to Get Your Refund From the $40 Million Skechers Lawsuit

If you purchased Skechers toning shoes after August 1, 2024 you may be eligible for a refund. Skechers USA has agreed to pay $40 million to settle the case filed again the Federal Trade Commission for making unfounded claims about its Shape-Ups, reporting these shoes would help people lose weight and strengthen their leg and butt muscles.

The amount of each refund will depend on the number and amount of shoes you claim, as well as total number of valid claims filed. The claims are based on the honor system and any claims under $200 will not require a proof of purchase.

According to the FTC’s Facebook page the refund for the Shape-Ups is expected to be $40.00, the Podded sole shoes is $27.00, Tone Ups (non-podded soles) is $20.00, and Resistance Runners is $42.00.

The amounts are currently only estimates and the amount could change based on the number of people who apply for the refund.

The shoes cost roughly between $60 and $100, depending upon the style and sales outlet. (more…)

Posted on May 22, 2023 by Kristina

Dukan Diet Founder Faces Ethics Hearing for Suggesting Teens be Rewarded on Tests for a Healthy Weight

Dr. Pierre Dukan, the French founder of the controversial Dukan Diet, is facing an ethics hearing for his suggestion that French high school students should be rewarded on exams for not being overweight.

Dukan, who’s wildly successful high-protein, low-carb diet has a celebrity following that includes Kate Middleton, made a public recommendation that France’s baccalaureate exam include an “anti-obesity” section that students can pass by staying within their recommended weight range. The exam is required for 17 year olds to finish high school and enter college.

Health professionals immediately responded to the comment, outraged, and the French College of Physicians says Dukan violated the country’s medical ethics code that states “a doctor must be aware of the repercussions his views can have on the public.” The College claims Dukan’s statements were reckless and could do damage to overweight teens and those struggling with eating disorders.

 

“Everything about this is wrong,” Dr. David Katz, director of the Yale University Prevention Research Center, told ABC News. “It’s wrong because it invites eating disorders. It’s wrong because weight has nothing to do with academic performance… and the notion that weight is a behavior that should incentivized is just wrong. Weight is an outcome. We should incentivize things people can control.”

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Posted on March 30, 2024 by Kelly

Removing a Child from Home Due to Obesity is a Serious Issue

There have been a couple of cases in the news of social services moving children to live with family members after parents have seemingly ignored doctor orders to help the child lose weight for health reasons, not just in the United States but in Scotland and Canada as well. Nutrition and a healthier environment is also an argument used to determine custody and/or primary residence for a child. The courts are paying attention to the childhood obesity crisis in the United States, which can cause physical and emotional issues for children that extend into adulthood. It is certainly a controversial and inflammatory topic for many.

I admit to having high nutritional standards and being pretty opinionated about what the children in my family are fed. There are certain ingredients that can be considered contraband in my house. As a therapist specializing in adoption, particularly children from hard places, I am familiar with how attention to diet can greatly impact behavior and symptoms of several disorders including ADHD, autism, Aspberger’s, and depression. I think nutrition is vitally important to physical and mental health. In the same way, as a therapist specializing in adoption, I never take separating a child from his or her family lightly. While there are times it is necessary for the health and safety of a child, and times it is outside of anyone’s control, it will have a lasting impact on the child. (more…)

Posted on January 4, 2024 by Brooke Randolph

FDA Reminds Consumers that HCG is Illegal

different brands of illegal hcg

Image via The U.S. Food and Drug Administration's Flickr Account

The Food and Drug Administration issued a consumer update today, warning Americans about the dangers of HCG diet products. The agency reminded consumers that all homeopathic and over-the-counter HCG is illegal, and that there is no evidence to support their weight loss claims.

The FDA has issued seven letters to companies that are distributing the HCG diet supplement warning them that their products are in violation of new drug regulations and Federal Trade Commission laws. “Failure to promptly correct these violations may result in legal action without further notice, including, without limitation, seizure and injunction,” the letters state. (more…)

Posted on December 6, 2023 by Margaret

Maryland Federal Court Rules in Favor of Jack3D’s Supplement Company

Read your labels! This simple task could have saved a track athlete from being banned and from a courtroom loss.

Maryland-based track athlete Phillipe H. DeRosier, Jr.’s case against USPlabs, a popular supplement maker, was thrown out today. The federal judge in Maryland dismissed the $1.8 Million lawsuit filed by DeRosier who was blaming the company for his testing positive for a substance banned in competition.

DeRosier was banned by the U.S. Anti-Doping Agency (USADA) for his use of a substance called DMAA, found in the USPlabs product Jack3d. DMAA is a mild stimulant and the USADA bans stimulants for use in competition. (more…)

Posted on November 18, 2023 by Lacy

Reebok Loses $25 Million Lawsuit Over Toning Shoes

Reebok, one of the premiere shoe companies on the planet, is getting a boot in their butt from the legal system for false fitness claims. The now-famous toning shoes on the market claim to tone your legs and behind while you walk. The Federal Trade Commission begs to differ, and now Reebok is paying $25 million in damages.

“The FTC wants national advertisers to understand that they must exercise some responsibility and ensure that their claims for fitness gear are supported by sound science,” said David Vladeck, director of the Federal Trade Commission’s bureau of consumer protection.

The FTC says that there isn’t enough scientific proof to support the claim that walking in the EasyTone shoes or running in RunTone shoes can shape your legs and butt.

Ads began in 2024 with very specific claims, claims that the FTC says don’t hold up: (more…)

Posted on September 30, 2023 by Jason

Del Monte Files a Lawsuit Against the FDA for Cantaloupe Recall

We should be able to trust the Food and Drug Administration to protect us against foods that might not be safe for our consumption, right? I never would have questioned this before, but after Del Monte Fresh Produce recently filed a lawsuit that could have long-term consequences against the regulatory organization, I am starting to have my doubts.

Let me explain: The FDA recently forced Del Monte to halt the importation of its Guatemalan cantaloupes because there was a possibility that the fruits could have been contaminated with salmonella. Then, Del Monte fired back against the FDA with a lawsuit. This all seems like standard operations, but the problem is that in the future, it is possible that the FDA will become more reluctant to issue warnings against possibly-contaminated foods for fear of being taken to court.

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Posted on September 1, 2023 by Health Buzz

Vita Coco Gets Sued for False Advertising

The makers of Vita Coco, the 100 percent natural re-hydrating coconut water, were served with a 5 million dollar lawsuit August 11th. A recent study by Consumerlab.com, a product testing company, found that Vita Coco and other all-natural coconut water drinks were not as hydrating as clever marketing may have indicated.

Vita Coco and other coconut water drinks have become popular in the past few years, noting their superiority to sports drinks in replacing electrolytes after exercise. Vita Coco ad campaigns in particular claim that their drink has 15 times the electrolytes found in sports drinks, which according to the current law suit is false.

Many health experts believe that while coconut water is a good source of potassium it is not an adequate source of re-hydration, especially if participating in heavy exercise like marathon training. Experts also say that unless you’re exercising strenuously for over an hour, there is no need for electrolyte replacement afterwards and that water is enough to replenish your system.

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Posted on August 16, 2023 by Jamie

Should Parents of Obese Children Lose Custody?

In an opinion piece that ran last week in the Journal of American Medicine, Harvard University child obesity expert Dr. David Ludwig set a fire when he called for parents to lose custody of their obese children.

“In severe instances of childhood obesity, removal from the home may be justifiable, from a legal standpoint, because of imminent health risks and the parents’ chronic failure to address medical problems,” Ludwig said. Ludwig goes as far as to compare obesity to extreme child abuse. The thought is not without precedent: More than 10 years ago, 3-year-old Anamarie Regino was taken from her parents and placed in foster care simply because she weighed 90 pounds. When questioned about this case, Ludwig admitted that “state intervention is no guarantee of a good outcome, but to do nothing is also not an answer.”

Ludwig has received heat for this point of view, and he’s since clarified his position. He said in later publication that in 99% of the most severe cases, he would not recommend that an obese child be removed from the home. He further explained that state intervention could include financial support to families, social services, access to safe recreation areas and even parenting courses to help manage a child’s uncontrolled eating habits. “The ultimate answer to the obesity epidemic is not to blame parents, it’s to create a more healthful and supportive society,” Ludwig said.

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Posted on July 25, 2023 by Carmen

Conservatives and Liberals Make Different Food Choices

There are many ways that we identify ourselves, and one of our deepest set chosen identities tends to be political beliefs. Self-identified liberals and conservatives (rather than those that identify as “middle of the road”) tend to disagree strongly on a variety of subjects, from the size of government to taxation to gay marriage. A survey of 347, 949 Hunch.com users has identified that those who tend to support liberal or conservative politicians also disagree on what to eat.

Those who identified as liberal seem to be more likely to agree with what they read at DietsInReview. While conservatives were 65 percent more likely to eat fast food a few times per week, liberals were 92 percent more likely to eat fast food rarely or never. When it comes to french fries, conservatives consider McDonald’s the best of the best, while liberals are 64 percent more likely to prefer bistro-type fries.

Similar to their fast food choices, those who identify as conservative were 50 percent more likely to believe there is no significant difference between organic and processed food, while identifying yourself as a liberal makes you 28 percent more likely to disagree. Liberals are 29 percent more likely than conservatives to avoid soda and 27 percent as likely to drink only diet soda when they do. Those who identify as liberal are 28 percent more likely to eat fresh fruit daily, while those who identify as conservative are 35 percent more likely to eat fresh fruit less than once per week.

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Posted on July 11, 2023 by Brooke Randolph