Theodora McCormick

Sills Cummis & Gross P.C.

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Recently by Theodora McCormick


DSHEA – 20 Years Later – The Good, The Bad And The Ugly

I. Historical Background It’s hard to remember, but dietary supplements were almost regulated out of existence before Congress passed the Dietary Supplement Health and Education Act (DSHEA) in October 1994. Since the early 1900s, when vitamins A and D were promoted as fish oil supplements...

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Food & Beverage

Battle Lines Drawn Over Labeling Of GMO Foods And “All Natural” Claims

Whether to require labeling of genetically modified organisms (GMOs) is a hot issue in the ongoing debate about the risks and benefits of food crops produced using biotechnology. For more than a decade, almost all processed foods in the United States have contained ingredients from plants whose...

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POM Wonderful – Where Are We Now?

In January 2013, the Federal Trade Commission (FTC) issued its much-anticipated ruling against POM Wonderful (POM), unanimously upholding Administrative Law Judge Michael Chappell’s May 2012 decision that POM lacked adequate substantiation for advertising claims that its products could...

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The FTC And Social Media Advertising

In recent years, companies have been expanding their marketing practices to embrace blogging and other social media, such as Facebook, Twitter and Pinterest. Generally speaking, the FTC treats social media the same as it does traditional media – the same three basic principles apply that...

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The Rise And Possible Fall Of Class Actions In False Advertising Litigation

Section 43(a) of the Lanham Act (the “Act”) limits standing to sue for false advertising to competitors and others who claim to have suffered competitive injury as a result of the defendant’s advertising. Consumers do not have standing under the Act.[1] Damages are seldom...

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