As a law firm operating at the forefront of e-commerce law, we provide a comprehensive suite of legal services to clients in the food, cosmetics, and dietary supplements industries. Our aim is to provide clients with clarity and risk mitigation strategies as they navigate the complex regulatory landscape, ensuring compliance and protecting your business interests at every stage of product development and marketing.
Regulatory Compliance
FDA Regulations
We assist clients in navigating the intricate web of Food and Drug Administration (FDA) regulations. Our services include:
- Ensuring compliance with the Federal Food, Drug, and Cosmetic Act (FDCA)
- Guiding clients through FDA approval processes, including New Dietary Ingredient Notifications (NDINs) and Generally Recognized as Safe (GRAS) designations
- Advising on current Good Manufacturing Practices (cGMPs)
- Section 403(r)(6) claims compliance
- Assisting with FDA inspections and responding to Form 483 reports
- We assist with Prior Notice requirements for imported products, thereby facilitating smooth entry into the U.S. and minimizing the risk of shipment delays or penalties.
- Various submissions comply with the Centralized Online Submission Module (COSM)
FTC Oversight
We help clients navigate Federal Trade Commission (FTC) regulations, focusing on:
- Ensuring truthful and substantiated advertising claims
- Compliance with FTC guidelines on endorsements and testimonials
- Responding to FTC investigations and enforcement actions
Product Development and Marketing
Health Claims and Labeling
Our team provides advice on:
- Developing compliant product labels
- Substantiating health and structure/function claims
- Navigating organic certification requirements
Advertising and Promotion
We offer comprehensive support for marketing initiatives, including:
- Review of advertising campaigns for regulatory compliance
- Guidance on social media marketing and influencer partnerships
- Defense against competitor challenges before the National Advertising Division (NAD)
Import and Export
Import Regulations
We assist importers with:
- Compliance with Foreign Supplier Verification Program (FSVP) requirements
- Navigating FDA import procedures and responding to detentions
- Ensuring imported products meet U.S. safety and labeling standards
Export Support
Our services for exporters include:
- Advising on international regulatory requirements
- Assisting with export documentation and compliance
Assistance for Sellers on Third-Party Marketplaces
Sellers on platforms like Amazon and Walmart must adhere to stringent compliance requirements that are often more rigorous than general regulatory standards, and non-compliance can lead to suspensions or other damaging actions. We help clients understand and meet these requirements, including:
- Product Listings: Ensuring that all product listings comply with the respective marketplace’s guidelines, including accurate descriptions, labeling, and health claims.
- Compliance Documentation: Assisting in the preparation and submission of necessary compliance documents to avoid listing removals or account suspensions.
- Monitoring Compliance Issues: Providing strategies for proactively managing compliance issues that may arise, including responding to marketplace inquiries and appeals for reinstatement of listings.
Risk Management and Litigation
Product Safety and Recalls
We provide crucial support in:
- Developing recall procedures and crisis management plans
- Responding to adverse events and managing product recalls
- Implementing quality assurance programs
Proposition 65 Compliance
Our expertise extends to:
- Advising on California Proposition 65 requirements
- Developing warning labels and compliance strategies
- Defending against Proposition 65 litigation
Litigation Defense
We offer robust defense in various legal challenges, including:
- Consumer class actions
- False advertising claims under the Lanham Act
- Intellectual property disputes asked on trademark or copyright law, including those related to products and packaging
Intellectual Property Protection
We safeguard your innovations through:
- Trademark and copyright protection strategies
- Negotiation of licensing and technology transfer agreements
- Trade secret protection measures
Transactions and Due Diligence
We support business growth through:
- Mergers and acquisitions in the food, cosmetics, and supplements industries
- Regulatory due diligence for industry transactions
- Drafting and negotiating corporate agreements
Emerging Issues
We stay at the forefront of industry developments, offering guidance on:
- Cannabis and CBD products in food and supplements
- Alternative proteins and novel food technologies
- Sustainable packaging and environmental regulations
Ancillary Services
In addition to key legal services relevant to the development and offering of food, cosmetics, and supplements products, ancillary services are often required, such as the following:
- Privacy policies and compliance
- Terms and conditions and other online agreements
- Online subscription and renewal compliance
Your Partner for Success
At RICHT, our Food, Cosmetics, and Supplements Practice combines industry knowledge with regulatory insights to provide comprehensive, tailored solutions for your business. From product conception to market success, we are your legal partners in navigating the complex landscape of food, cosmetics, and dietary supplement regulation with the end goal of maximizing success.
Inquire About How We Can Assist With Food, Cosmetics, & Supplements Legal Matters
Legal Developments Re: Food, Cosmetics, & Supplements
- Healthy or Not? The FDA’s New Rule Redefines What “Healthy” Means on Food Labels: The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary guidance.