Lori Kalani, co-chair of Cozen O’Connor’s State Attorneys General practice, and Chris Allen, a member of the State Attorneys General practice, discuss the implications of the Oregon State AG's lawsuit against GNC in "GNC Lawsuit: Dietary Supplement Companies Can Adapt to Focus of State AGs." Published on the blog Natural Products Insider, this article discusses the novel issues raised by the ongoing litigation and its potential to alter the landscape. Lori and Chris explain that "the lawsuit showcases the tension between federal and state authority, particularly where FDA issues guidance or warning letters. It also raises compliance questions for the industry." They provide a few examples of these critical questions, including the "case's most intriguing highlight" regarding the "evolving relationship between retailers and regulators." They further note, "Supplement manufacturers continue to be subject to regulations on product labeling and ingredients, but retailers are now the subject of heightened scrutiny by AGs with respect to products they sell. The AGs’ shifting regulatory focus from manufacturers to retailers stems from the broad authority vested in AGs, whose role as their states’ chief legal officers empowers them to bring investigations, affirmative litigation and enforcement actions in the 'public interest.'"
Read more of their insights and analysis in the full article here.