Dietary Supplements

Whether you’re a dietary supplement distributor, marketers, importer, or domestic or foreign manufacturer, here at Morsel Law we have the experience to meet your needs.

Dietary supplements are subject to a special regulatory framework under the Dietary Supplement Health and Education Act (“DSHEA”). DSHEA classifies a dietary supplement as “a product taken by the mouth that contains a ‘dietary ingredient’ intended to supplement the diet.” In general, DSHEA established a different safety standard for dietary ingredients (as compared to conventional foods), which includes the submission of a new dietary ingredient notification for certain ingredients. Manufacturers of these products are responsible for determining the safety of the supplements, as well as substantiating any representations or claims made about their products with competent and reliable scientific evidence.

The services that we provide to meet your needs are listed below.

PRODUCT DEVELOPMENT:

We can assist you in determining the legal status of ingredients you intend to include in your dietary supplements to ensure that you comply with new dietary ingredient (“NDI”) and food additive regulations.  Where it is possible to market a product as either a conventional food or a dietary supplement, we can assist you to navigate the legal implications, including the advantages and disadvantages, in order to make an informed decision on the most advantageous position to market your product.

LICENSING AND DISTRIBUTION:

Whether your business is acting as licensor or licensee or both, we can assist you with your needs. While the license may involve a patent, copyright, trade secret, trademark or multiple forms of intellectual property, we have experience assisting clients with various licensing matters,including foreign and domestic joint ventures and strategic alliances.

LABELING:

We will review your labeling and packaging to make sure it complies with state and federal regulations, and assist you with any dietary supplement labeling issues. Our review includes a review of structure/function claim, health claims and nutrient content claims, as well as the formatting of the labeling. We can also assist you with filing a structure/function claim notification with the FDA for your dietary supplements.

ADVERTISING AND MARKETING LAW:

We advise clients on the laws relating to advertising and marketing. We have expertise in advising clients on requirements of accuracy in advertising, defamation, product disparagement, third-party testimonials, multi-level marketing and other critical issues that may arise in the advertising and marketing process.

BRAND NAME IDENTIFICATION AND INTELLECTUAL PROPERTY PROTECTION:

We regularly assist our clients with developing their brand and protecting their intellectual property assets. We develop a strategic approach to the acquisition, maintenance and defense of this “creative equity,” including trademarks, copyrights, patents, trade secrets and other types of IP. We file and prosecute applications to acquire trademark and copyright registrations before the U.S. Copyright Office and the USPTO.  We can also negotiate license and distribution agreements affecting intellectual property transfers.

CORPORATE GOVERNANCE:

We assist our clients with general business issues, including review and negotiation of supply contracts and distributor agreements, employment matters, various real estate matters, debt and equity investments, and general corporate governance matters.