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Who is responsible for overseeing the regulation of dietary supplements in the US?
The US Food and Drug Authority (FDA) is responsible for overseeing all food, drink, cosmetics and drugs that make it into the market. The FDA is also responsible for regulating dietary supplements and making sure the ingredients comply with the rules dictated in the Dietary Supplement Health and Education Act of 1994.
What does the FDA look for?
Under the Dietary Supplement Health and Education Act of 1994, it is the manufacturer that is responsible for making sure the supplements they are selling are safe for consumption and produce no serious side effects in the consumer before it is marketed.
If any supplement is found containing harmful ingredients, misleading labeling or false advertising, the FDA holds full authority to take legal action against the manufacturer.
How do I produce, market or distribute dietary supplements in the US?
The branch of the FDA known as The Center for Food Safety and Applied Nutrition regulates all matters pertaining to the production, marketing and distribution of dietary supplements in the US. The Federal Food, Drug and Cosmetic Act requires industries to notify the FDA regarding the statement on the label no later than 30 days after the first marketing of the supplement.
I have been given a warning from the FDA for false advertising. What now?
Hire Fitness Lawyer® to oversee the case. Understand the severity of the issue and ask the FDA inspector to explain the technicalities of the case. Once the FDA Office of Compliance reviews your case after the initial 483 form, you are bound to receive a warning letter in the case of a serious breach of regulations. Taking action during the 483 form phase within a reasonable timeframe is your best bet at solving the problem before it reaches the recall state.
Another company has stolen the name of my brand. What do I do now?
First, hire Fitness Lawyer® for an initial consultation to determine if taking a major corporation to court is worth the money, time and effort. We will be able to help you determine your chances of winning the case, how likely the opposition is to comply with your demands, the legal timeframe for proceedings to take place as well as the approximate costs you can claim back. Often times, a cease and desist order is all a company needs to change an already trademarked name.