Video: Legal 101: Regulation, Labeling, and the Role of the FDA/FTC

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Legal 101: Regulation, Labeling, and the Role of the FDA/FTC

Video: Legal 101: Regulation, Labeling, and the Role of the FDA/FTC

Presenter

Justin Prochnow

Shareholder, Greenberg Traurig, LLP

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Details

CategoryLegal & Regulatory
Run Time40:20
DescriptionThis video (which is not intended to be legal advice about a specific legal problem) covers topics related to regulation, labeling, functional claims, and other legal aspects specific to the beverage industry. Learn about what the role of the FDA and FTC are and how to best prepare your beverage for being in compliance.
Last Updated9/5/2012
DisclaimerThe following information is not intended to convey legal advice about a specific legal problem, nor does it create an attorney-client relationship. This information is provided with the understanding that if specific legal advice is required, the services of the presenter can be sought by contacting him.

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Regulation
1
What's the difference between the FDA and FTC?
2
What's the difference between the FDA and USDA?
3
What does “competent and reliable” scientific evidence mean?
4
What's required by the FDA and FTC in order to substantiate a claim?
5
How does the FDA review claims?
6
Will the FDA review my web site, advertising, or marketing materials?
7
What type of claims need to be certified? (referring to organic, gluten free, etc)
8
What are Current Good Manufacturing Practices? And what are my obligations to follow them?
9
How often does the FDA conduct inspections?
10
What happens during an FDA inspection?
11
What are companies' rights during an FDA inspection?
12
What happens at the end of an FDA inspection?
13
What can happen if I'm not in compliance? (warning letters)
14
And what do I do if I get a warning letter?
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Labeling
1
What exactly does “labeling” refer to? Is it just what's on my product?
2
When should I use a nutrition panel vs. a supplement facts panel?
3
How do I create my nutrition or supplement facts panel?
4
What can I put in my product? What does GRAS mean?
5
What's the difference between a food product and a supplement?
6
What type of claims can I make on my label?
7
Should I include warnings on my product (just in case)?
8
Can I label my product “all natural” or “organic”?
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Advertising & Marketing
1
What is the FTC's role and how should I be aware of it?
2
How do I need to substantiate my marketing claims? What are the requirements?
3
Can I say things like “the best” or “the leading”?
4
I want to make statements about my product/company's “green” behavior. How can I do this? Are there regulations?
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Basic Legal Questions Specific to the Beverage Industry
1
What are the typical legal issues that a beverage company deals with and how should I prepare for them?
3
How do I determine if I'm free to use the name that I've created for my product? This is really part of the TM discussion.
4
Does my product or brand identity require a patent?
5
What's the difference between a patent and a trademark?
6
What concerns should I have about my IP internationally?
7
What's my exposure to California Consumer Protection laws?
8
What's the difference between ™ and ®?
9
How do I register my product for a trademark?
10
What happens if I continue to sell a product after an FDA warning?

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Video: Legal 101: Regulation, Labeling, and the Role of the FDA/FTC

Presenter

Details

Table of Contents

Regulation

Labeling

Advertising & Marketing

Basic Legal Questions Specific to the Beverage Industry