Justin J. Prochnow

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www.gtlaw.com

Posts by Justin J. Prochnow

Beverage or Supplement?

As the retail shelves become more and more crowded, the differences between beverages and liquid dietary supplements have become less clear. Companies looking to compete in the beverage and supplement industries have blurred the lines separating the categories, creating many similarities in packaging, ingredients and claims.

Who Makes the Call? Beverage vs. Supplement

The distinction between beverages and dietary supplements has become harder more difficult to discern. Walking down the “beverage” aisle of any grocery store or supermarket, one may see similar-looking products sitting side-by-side; yet, a closer look reveals that some of the products are labeled and sold as dietary supplements, while others are labeled and sold as beverages. How can this be?

Flipping the Switch

Energy drinks marketed as dietary supplements have received their share of negative news stories over the past eighteen months, and many companies are weighing various options to find relief from the mounting concerns surrounding these products. One option that is being explored by many companies is the reclassification of liquid dietary supplements as beverages. However, making this switch is not as easy as just changing the name on the front of the can.

The Explosion of Class Action Litigation

During the last eighteen to twenty four months, the beverage industry has seen an onslaught of litigation in a particularly scary form of litigation – class actions. These cases are particularly frightening for companies because enterprising plaintiffs’ lawyers are able to initiate a case, ostensibly for the good of numerous wronged consumers, with the sign-off of only a handful of people that are willing to lend their names to the lawsuit.

The Science Of Substantiation

For those in the beverage, food and supplement industries who were relieved that they would never have to hear about subjects like biology or chemistry again after graduation from high school or college, the recent regulatory climate has brought back some unpleasant memories. Whether being used to determine the safety of ingredients and products or providing substantiation for claims, science has permeated the beverage, food and supplement industries deeper than ever. Science has always been important from the perspective of product development and manufacture; now, it’s become a key to advertising and promotion.