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Retailers’ Advances In Tracking Customer Data Push Larger Class Action Settlements

 
• By Eileen Francis

Class action litigants gain larger settlements by subpoenaing retailers’ loyalty program data and customer analytics. 

Retailer loyalty programs and advanced analytics on customer purchases are driving larger class action settlements in the dietary supplement and food sectors as plaintiffs identify most consumers who purchased products, says a class-action litigation attorney.

“Club stores like Costco and drug stores like CVS and Walmart, all of those places have an ability to identify...

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More from Legal

NAD Asks FTC To Pull Bandage Off Firm’s Plan To Exhaust Inventory Using ‘2X Faster Healing’ Claim

 
• By Malcolm Spicer

After National Advertising Division attorneys, in a review prompted by a challenge by Band-Aid line marketer Kenvue, recommended ASO LLV cease use of its “up to 2x faster healing” claim, they determined the firm had not fully complied.

Supreme Court 1935 Ruling Limiting Executive Authority On Appointments ‘Unravels’ Today – DoJ

 
• By Malcolm Spicer

In complaint and response to motion to dismiss, Rebecca Kelly Slaughter’s and Alvaro Bedoya’s attorneys elaborate on Supreme Court ‘s 1935 decision, Humphrey’s Executor v. US. Administration attorneys, though, contend the ruling isn’t relevant to the current FTC.

Loper Bright Could Trip FDA On Self-Affirmed GRAS

 
• By Malcolm Spicer

Instead of arguing FDA’s not authorized to offer option under authority from 1958 Food Additives Amendments, potential litigation could contend the law requires agency to continue making self-GRAS without notification available.

EU Probiotics Deadlock: Ombudsman Finds ‘No Maladministration’ By The Commission

 
• By David Ridley

In response to an IPA Europe complaint, European Ombudsman Emily O’Reilly finds that the Commission’s interpretation of EU food legislation in relation to probiotics is “reasonable and in line with the main goal of this legislation, which is to ensure a high level of consumer protection.”

More from Policy & Regulation

CHPA Navigates Trump Administration’s ‘Mixed Messages,’ Ready To Traverse DSHEA Changes

 
• By Malcolm Spicer

Some changes the administration has proposed are a “great example of regulating by press release,” says Duffy MacKay, CHPA’s dietary supplements chief. But “after 30 years, the Dietary Supplement Health and Education Act could be modernized to serve the consumer better.”

Proponent For Age-Restricting Diet Supplement Sales Adds ‘Health Inequities’ To Argument

 
• By Malcolm Spicer

Result of firms marketing weight loss products to Black and Latino girls and to lower-income households is to “worsen health inequities by gender, race, ethnicity and income,” says Harvard researcher Bryn Austin, director of Strategic Training Initiative for the Prevention of Eating Disorders.

US FDA Supplement Office Chief Eyes ‘Movement’ This Year On NDI Notifications Final Guidance

 
• By Malcolm Spicer

“We've made some progress and really hope to see some movement as we move forward this year,” says FDA Office of Dietary Supplement Programs director Cara Welch.