Three advertising law stories from the NYT

Superfood or Monster From the Deep?

The Food and Drug Administration does not conduct nutritional research. Several other federal agencies do so, but functional foods are not evaluated by any specific office. “Nutraceutical products have characteristics of both food and drugs,” said David A. Kessler, a former commissioner of the F.D.A. “It’s easy for them to slip through the cracks, and the industry is always

Consumer Ads for Medical Devices Subject of Senate Panel

As makers of medical devices like artificial knees and heart stents increasingly pitch their products directly to consumers, some lawmakers, medical groups and others are calling for restrictions on such advertisements, claiming they mislead patients.

Weight-loss (bariatric) surgery seems like another related topic whose advertising deserves further scrutiny, given the dangers.

Sorting Through the Claims of the Boastful Egg

IT used to be, an egg was an egg.

Now they can be cage free and free range, vegetarian and omega-3 fortified, organic, “certified humane” or “American humane certified.” The incredible, edible egg is becoming unintelligible.

Some claims on egg cartons are regulated by the federal government, some by the states and some not at all. Some affect consumers’ health, some touch upon ethics and some are meaningless.