Tuesday, December 16, 2008

12/16/08 - Testimonials Continue at Risk

Vitamin Lawyer Update eMemo: December 16, 2008

This issue: Testimonials Continue at Risk

0. News - Divesting the FDA
1. Testimonials Continue at Risk
2. For the New Year – New Attacks on Dietary Supplements?
3. Web Ring and Wiki for Advanced Health Care – Sign-up Now!
4. Standard Operating Procedures and Site Use Statements

0. VL Blog News

Blog: http:// vitaminlawyerhealthfreedom .blogspot .com

Divesting the FDA of Food Authority
vitaminlawyerhealthfreedom .blogspot .com/2008/11/divesting-fda-of-food-authority.html

[Please note: all URL web page links in this email are “broken” or incomplete, with the “http://” and/or “www.” separated and an extra space before the .com or .org, to avoid this message being treated as “spam” by AOL or other services.]

1. Testimonials Continue at Risk
In recent discussions that I have had with attorneys who are experts in the field of FTC testimonial regulation, I was told that it appears FTC is ready to issue new regulations severely limiting testimonials unless they are backed by clinical data.

Meanwhile, Vitamin Retailer issued a report dated December 9, 2008 on testimonial regulatory actions. Some of that report is excerpted here: “This past month, the FDA and FTC brought charges against five natural product companies, alleging … improper claims … in website testimonials… The FDA and FTC are seeking hefty fines and other sanctions in part because these companies posted letters from satisfied customers on their websites. None of the customers claim outright to have been cured by the products, although the customers did share their personal experience of medical conditions that objectively disappeared after use of the products.

“Citizens For Health Chairman of the Board Jim Turner, who represents Daniel Chapter One, maintains that the FDA and FTC motion against his client ‘fails to distinguish between cynical con men who intentionally cheat vulnerable people, and persons of conviction who work diligently to comply with the law in their effort to help people.’”

Said the owner of Daniel Chapter One. “We are fighting to protect all Americans' rights in this issue, which include access to information and choice. We are planning a rally in Washington DC the week of April 23, 2009 to promote the Health Freedom Protection Act (H.R. 2117), the necessity of which is underscored by our case and others like it.”

Vitaminretailer .com/VRMnews/news/121008VRMNews.htm#nie1

2. For the New Year – New Attacks on Dietary Supplements?

Nutraingredients highlighted this comment: Pharmaceuticals versus dietary supplements

Next up is Lorraine Heller’s comment about GlaxoSmithKline's petition to the Food and Drug Administration (FDA) to ban dietary supplements from making weight loss claims… thousands of readers … clicked on “The GSK weight loss wake-up call”.

Lorraine argued that the issue was due to the inadequate or incomplete scientific substantiation, question marks over efficacy, health claim exaggeration, formula contamination and mislabeling that continue to dog the dietary supplements industry despite the best intentions of the 1994 Dietary Supplements Health Education Act (DSHEA) and Good Manufacturing Practice (GMP) regulations enacted last year.

“It's a situation that leaves industry open to the kind of attack GSK has mounted and drives the urgent need for it to get its house in order,” said the comment.

The Vitamin Lawyer will continue to keep you updated as this “citizen petition” goes through the FDA.

To read more: www .nutraingredients .com/Industry/2008-round-up-This-year-s-top-five-comments

3. Web Ring and Wiki… Sign-up Working!

In recent eblasts I told you all about the new Advanced Healthcare Web Ring and how it can help your Search Engine Status and push derogatory postings off the first page of Google and other Search Engines.

I’ve posted that information at: http:// tinyurl .com/5d6489

Now, after more beta testing the sign-up page is working! (With my special thanks to those of you sought to sign up and who communicated with me about problems!)

Take a look at the Web Ring at: www .healthcare-aware .com

And SIGN UP HERE: http: //healthcare-aware .com/subscribe/go.php?r=1&i=l0

[Please remember: all links here are “broken” so AOL etc doesn’t treat this email as “spam.”]

4. Standard Operating Procedures and Site Use Statements

The Vitamin Lawyer .com Consultancy offers standardized formats for various Standard Operating Procedures and for Site Use Statements. YOUR PAPERS MUST BE IN ORDER!

You can find much more information about these at:

SOPs - http:// tinyurl .com/2eu6yj

SUSs – www .siteusestatement .com

Happy Holidays to All… and a Peaceful, Prosperous New Year
Ralph Fucetola JD
www .vitaminlawyer .com
http:// vitaminlawyerarchives .blogspot .com

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