Dietary Supplement Labeling

First Circuit Finds “Fraud on the FDA” Claims Preempted by the FDCA

By Jonah Panikar on September 26, 2023

Posted in Advertising & Marketing, Consumer Products, First Circuit

Over the last several years, food and drug manufacturers have litigated countless class action lawsuits claiming that their products are misleadingly advertised. Many of these lawsuits claim that a product’s packaging is misleading because it allegedly violates FDA labeling rules. Last week, in DiCroce v. McNeil Nutritionals, LLC, — F.4th —, No. 22-1910, 2023 WL 6056144 (1st Cir. Sept. 18, 2023), the First Circuit found that these claims are impliedly preempted by the Federal Food, Drug, and Cosmetic Act (“FDCA”). Continue Reading First Circuit Finds “Fraud on the FDA” Claims Preempted by the FDCA

Trio of Cases Supports Preemption Arguments for False Advertising Suits Challenging “Structure/Function Claims”

By Amy Heath & Cort Lannin on July 5, 2023

Posted in Advertising & Marketing, Consumer Products, First Circuit, Food and Beverage, Ninth Circuit

Recent decisions from the First and Ninth Circuits may help defendants facing false advertising challenges to certain types of labeling statements known as “structure/function claims.” Three courts have held that such challenges were preempted by the Food, Drug, and Cosmetic Act (FDCA).Continue Reading Trio of Cases Supports Preemption Arguments for False Advertising Suits Challenging “Structure/Function Claims”