Wednesday, September 29, 2010

09/29/10 - Latest FTC Attack on Claims Substantiation…

0.  Blogs & News – Fake “Food Safety” Bills – S.510 / S.3767
1.  FTC and POM’s Claims
3.  Cautions for CAM Wellness Practices Webinar Now Archived!
4.  Natural Clinical Trials Center is OPEN!
5.  Vitamin Lawyer connections…

0. Blogs & News –

Recent issues of this Memo have covered such topics as recent Claims Surveys, Trademark “Fair Use”, CCDS (Company Core Data Sheets), Trends in FDA Warning Letters; the new FTC testimonial Rule and the FDA Rule regarding “expiration” dates and “best if used by” dates.

Access to the Vitamin Lawyer Webinars and more; videos, major site updates:

News: Senate may recess today and not pass the fake “Food Safety” bills, S.510 – S.3767
Updated info here: www .healthfreedomusa. org/?p=6269

1. Just in from NutraIngredients: FTC bombs POM (and researchers beware)

[VL comments: this case is about substantiation and satisfying FTC and FDA evolving substantiation standards; IMHO the agencies are moving toward practically requiring clinical studies (3rd party, double blind, placebo controlled) to substantiate any but the simplest claims.]

“The Federal Trade Commission legal action alleging POM Wonderful made unsubstantiated claims for its pomegranate products, adds to a stream of claim actions the increasingly active agency has taken this year… [including: Kellogg’s, Nestlé, Wrigley, Ovos] …

Here the FTC has upped the ante by filing a complaint that is slated to be heard by an Administrative Law Judge of the Federal Trade Commission on May 24 next year. It has also filed a supplementary action against a former POM Wonderful researcher, Mark Dreher, which signals that individuals involved in the gathering and promulgation of research materials can also come under FTC scrutiny…

… “it was unusual for the FTC to pursue the researcher. I am aware of a couple of instances where something to that effect has been on the table, but it is very rare to see it followed through to completion. It should send a message to researchers to make sure that their work can withstand the scrutiny of their peers and to be careful about getting caught up in marketing hype.” … “The new regime at FTC intends to increase the amount of enforcement action taken against food and dietary supplement advertisers,” said Emord. …

He added: “… The issue is whether the claims made can be proven false and misleading. Rightly construed consistent with the First and Fifth Amendments, FTC should carry the burden of proof and must establish that the claims are false rather than, as it often does (improperly in my view) presume the claims false based on inadequacies in the accused party’s supporting evidence.” …”

By Shane Starling, 28-Sep-2010 -  www. nutraingredients-usa. com/content/view/print/323597


2.  Cautions for CAM Wellness Practices Webinar Now Archived

"Do you have a CAM “Alternative” health practice? Do you provide nutrients, remedies or health related items to clients?

Do you have questions about your legal rights and limits … or need information about how best to run your health care business? Are you aware there are words you cannot use and statements, although true, you cannot safely say to clients?

Hiring an attorney, one on one, to review these issues could cost you hundreds of dollars… making a mistake could cost you thousands. I invite you, instead, to learn from my Webinar, Cautions for CAM Wellness Practices

I am Ralph FucetolaJD, known as The Vitamin Lawyer, because much of my 36 year legal practice centered around helping people in CAM practices, nutrient purveyors and advanced healthcare teachers. Today I am a Trustee of Natural Solutions Foundation. I can keep you out of trouble and operating smoothly so you can fulfill your mission to help others…"

This $99 PEL Webinar runs about an hour through 32 slides. It includes an 18 page eBook of information and forms all of which would cost over $500 if one on one. This is a Natural Solutions Foundation Benefit Webinar."

3.  Natural Clinical Trials Center

The Natural Solutions Center in Volcan, Panama is now open, so Clinical Trials are beginning shortly! GET YOURS SCHEDULED NOW. Check out the Videos and PPT Webinar on the Site!  See Clinical Trial SOPs below.  

• New FDA and FTC regulations make your job harder than ever... Recent changes mean that your company MUST consider Clinic Tests, Studies and Trials:

• To demonstrate product safety
• To substantiate product claims
• To determine "typical results" for Testimonial Ads
• To meet batch testing requirements.
• These changes also mean you must not:
• Make claims you cannot substantiate
• Use Testimonials without disclosing "typical results"

• What can you do to tell your customers that your product is helpful, effective and important for them to use? Let us show you what we can do to help you with cost-effective clinical work...
Natural Solutions Wellness Center has established the Natural Clinical Trials Program - the NCT - to bring our special expertise to natural product clinical studies, tests and trials.

The NCT Program is headed by Dr. Rima E. Laibow MD, with the collaboration of Dr. Robert Goodman PhD, Ralph Fucetola JD, and the Natural Solutions Center Staff.


4. Vitamin Lawyer Connections…
[The following links are “broken” since too many links in an email may cause it to be treated as spam.]

Do you Skype? If so, free is one of the easiest ways to contact me, no matter where I may be. My Skype handle is: vitaminlawyer

Our new affiliation site: www .naturalhealthoptions .net
Do you have an affiliation program? We’d like to list it.
If you don’t have an affiliate program… I have Affiliate Program SOPs & Rules …
And good advice… for you.

“One on One with the Vitamin Lawyer” from Power Pictures Inc.
Trailer: www. youtube. com/watch?v=wWPvzpn0YgA
www. powerpicturesinc. net/store.html

Follow me on Twitter - www. twitter. com/healthfreedomus


Ralph Fucetola JD
www .NaturalHealthOptions .net
www .vitaminlawyer .com
http:// vitaminlawyerarchives.blogspot .com
http:// vitaminlawyerhealthfreedom.blogspot .com
www .globalhealthfreedom. org

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