Food and Supplement Marketers Reminder

The focus of the Nehra & Waak legal practice has always been on the “channel of distribution” choice made by our clients, namely – direct selling with a multi-level form of compensation. Our unique expertise is in the body of laws, state and Federal, specific to this channel of distribution choice. As has often been discussed with some of you individually, this firm is not, and cannot be, the substitute “General Counsel” for the client.

We are pleased to learn from specific clients the identity of their other attorneys, and work with them, advising in our area of legal specialty when requested. When “product specific” rather than “channel specific” legal issues come up, we generally refer our clients to other experts.  A common example is FDA Specialist Attorneys to advise clients concerning regulations affecting operations of their food/supplement product storage or manufacturing facilities, or to keep an aggressive claims platform from crossing the drug line.

We have recently been reminded of a “product specific” issue that has been around awhile, applicable to “food.” It may not apply to you, or if it does, you may be current on it. Remember that all nutrition/supplement products fit the “food” definition. You are encouraged to periodically review and update the information in your facilities registration account in the FDA Food Facilities Registration database. It is suggested that companies that totally contract out the manufacturing, storage, handling and delivery of “food” ask their vendors/suppliers to assure them of compliance in this and all regulatory areas. For more information, or if you, or your other counsel, need a referral to an FDA Specialist Attorney, please call Rick Waak, at 269-623-6222 to discuss.