Miscellaneous News

CFSAN Announces its new Office of Food Safety, Defense, and Outreach- On January 14, 2005 the Center for Food Safety and Applied Nutrition (“CFSAN”) consolidated its food safety and defense responsibilities with its counter terrorism and chief medical officer responsibilities by creating the new Office of Food Safety, Defense and Outreach (“OFSDO”). 

The OFSDO will take the lead in coordinating, developing and delivering outreach and educational products to consumers, industry and other regulatory authorities.  CFSAN education and outreach functions, such as industry outreach and labeling and nutrition outreach, have been merged into OFSDO. 

OFSDO was created to improve the quality, quantity and expediency of CFSAN outreach and education.  The OFSDO is also intended to provide a “more visible interface” and ensure CFSAN-wide “consistency in procedures and consumer messages.” 

Contact Allan or Steve to find out how the OFSDO may affect your business.

 

FTC Targets CortiSlim and CortiStress for False and Unsubstantiated Claims-  On October 5, 2004, the FTC charged the marketers of CortiSlim and CortiStress, Window Rock Enterprises, Inc. and Infinity Advertising, Inc., with falsely claiming that their products cause weight loss and reduce the risk of, or prevent serious health conditions.  The FTC’s complaint alleges that the defendants violated the FTC Act by making deceptive claims for CortiSlim and CortiStress.  The complaint also seeks permanent injunctive relief and redress for consumers who purchased the products. 

The FTC claims that the defendants began marketing CortiSlim and CortiStress in August and September 2003 through nationally circulating infomercials. In those infomercials, the FTC claims that the defendants made numerous unsubstantiated claims in their marketing along with using deceptive formats in their infomercials. 

The FTC has also begun sending warning letters to others who are marketing products that claim to cause weight loss or the production of health benefits that rely on the same unsubstantiated claims made by the defendants. 

The FDA has also sent a warning letter to the defendants stating that (1) CortiSlim is misbranded and (2) its label makes unsubstantiated claims.  The FDA also expressed that enforcement action would be initiated if the defendants did not begin to correct the violations. 

COMMENT: Zackler & Associates can assist your marketing and advertising efforts for your food and dietary supplement products to help ensure that the FTC and FDA will not be sending you warning letters. 

 

Atkins Drops “Net Carbs” From Their Food Labels - Atkins Nutritionals, Inc., the company that helped popularize low carb diets, has dropped the term “net carbs” from its food labels.  Instead of using “net carbs,” Atkins says it will use the new phrase, “net Atkins count.”

This change comes before the FDA is expected to tighten current rules for defining carbohydrates.  Despite the proliferation of the “low-carb" foods, the FDA hasn’t endorsed nor prevented companies from using the term “net carbs” on food labels.