First Amendment To The United States Constitution

Court: Supplement comparison guide considered 'advertisement' under Lanham Act

04-Feb-2021 By Danielle Masterson

Can the First Amendment shield a publisher of supposedly independent product reviews if it has secretly rigged the ratings in favor of one company in exchange for compensation? According to a recent decision, this speech qualifies as commercial speech.

Herbalife files action against Twitter seeking ID of user who sent allegedly defamatory tweets

24-Jul-2015 By Hank Schultz

A court action filed by network marketing giant Herbalife against the online messaging firm Twitter points out the risks posed to brands by social media, said an expert on the topic. The company is trying to force Twitter to divulge the identity of a...

FTC files brief justifying restriction of POM's First Amendment rights

14-Feb-2014 By Hank Schultz

The Federal Trade Commission has filed a long awaited brief in POM Wonderful’s appeal of a false advertising case against the company.  As expected, FTC contends that POM’s ads were deceptive, and the company lacked sufficient clinical data to back up...

Attorney: Revised green tea health claim another ‘value laden subjective judgment’ from FDA

07-May-2012 By Elaine Watson

The Food and Drug Administration (FDA) has drafted revised wording for a qualified health claim about green tea and breast/prostate cancer after being taken to task by a judge in Connecticut over the wording of its previous efforts.

Nestle critical of selenium health claim ruling

21-Jun-2010 By Shane Starling

Influential New York-based, food policy academic Marion Nestle says a recent court action ordering the FDA to remove lengthy disclaimers from selenium health claims will open the floodgates to misleading advertising.

FDA told to amend selenium health claims (again)

02-Jun-2010 By Shane Starling

The Food and Drug Administration has been ordered to amend qualified selenium health claims by a Washington DC district court that found FDA’s addition of lengthy disclaimers to the claims to be in breach of Constitutional, First Amendment, free speech...

Court asked to rule on selenium claims

19-Oct-2009 By Shane Starling

The legal firm behind two actions that challenge the US qualified health claims system has asked a District of Columbia District Court to issue a summary judgment against the FDA over its selenium claims.

FDA faces legal challenge over selenium health claims

31-Jul-2009 By Shane Starling

A court action has been lodged today which challenges the Food and Drug Administration (FDA) qualified health claims system via five disputed selenium health claims.