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TCPA Hot Issues: Is the Scope of Consent Unlimited?

What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more

"FDA Guidance Limits Flexibility in Social Media Promotional Communications"

Three recently issued draft guidance documents (Draft Guidances) from the U.S. Food and Drug Administration (FDA or Agency) are designed to assist manufacturers in product communications via social media and other interactive...more

Supreme Court: FDCA Compliance Does Not Bar Lanham Act Claims

POM Wonderful LLC v. Coca-Cola Co. - In a unanimous decision, the Supreme Court of the United States reversed the U.S. Court of Appeals for the Ninth Circuit ruling that the Food, Drug, and Cosmetic Act (FDCA) and its...more

Proposed Changes to Nutrition Facts Panels Discussed at FDA Public Meeting

On Thursday, June 26, 2014, the U.S. Food and Drug Administration (FDA) held a public meeting in Washington, D.C. to discuss the two proposed rule changes to the Nutrition Facts panels seen on most packaged foods in the U.S....more

EPA’s Enforcement Efforts Regarding FIFRA Supplemental Distribution and How to Avoid Noncompliance

Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(e), a registrant may distribute or sell its registered product under another person's name and address instead of (or in addition to) its own without...more

Regulating Your Grocery Cart: The Push for GMO Labeling

If you produce, manufacture, sell, or distribute food products, you may be affected by the various state laws concerning the labeling of certain foods derived from genetically modified organisms (“GMO”). In particular, you...more

State GMO Labeling Laws: Friend or Foe?

Despite Vermont’s passage of its GMO labeling law and other states’ consideration of similar statutes, food manufacturers continue to support uniform federal legislation over the hodgepodge state-by-state approach that is...more

"Excellent Sources" State FDA Restricts Nutrient Content Claims For Omega-3s On Labels

On April 28, 2014 the U.S. Food and Drug Administration (FDA) published a final rule (the Rule), prohibiting statements on food product labels and dietary supplement labels that claim products are "high in," "rich in," or an...more

Preparing For FIC (I)

Regulation 1169/2011 on the provision of food information to consumers (the FIC Regulation) will be applicable as from December 13, 2014. This is the first of a series of news alerts specifically addressing how those...more

FDA Proposes Tobacco Products Rule; E-Cigarettes, Cigars To Be Regulated

The rule would ban the sale of e-cigarettes, cigars, pipe tobacco, and other products to those under 18; would require warning statements on product packages and in advertisements; and would require manufacturers to register...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Supporting healthy food options for students. On April 3, Senators Heidi...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Citizen petition filed for hummus standard of identity. A citizen’s...more

Prize Promotions Across the World (Global)

Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social media platforms make this an attractive, cost efficient means of reaching a...more

FDA’s Final Guidance Distinguishes Liquid Dietary Supplements from Beverages

Two new FDA guidance documents can assist both conventional beverage and liquid dietary supplement manufacturers to avoid costly mischaracterization and enforcement action. The US Food and Drug Administration (FDA or...more

FDA Issues Draft Guidance Relating to Social Media Promotion by Drug and Biologics Manufacturers

On January 13, 2014, the Food and Drug Administration (“FDA”) issued a draft guidance document outlining the circumstances under which a manufacturer of a prescription drug or biological product may be accountable for content...more

Industry Group To Weigh In On GMO Labeling Debate

With the rise in state legislative efforts to require labeling for foods produced using genetic engineering or “GMOs,” the Grocery Manufacturers Association (GMA) is poised to enter the labeling debate by working with federal...more

SPECIAL FOCUS: FDA Issues Guidance on Distinguishing Liquid Dietary Supplements from Beverages

The U.S. Food and Drug Administration (FDA) issued a highly anticipated guidance document on liquid dietary supplements this morning, with its current position on how it will distinguish between such products and conventional...more

Down the Rabbit Hole: Primary Jurisdiction Redux

“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’” While perhaps not as far down the rabbit hole as Alice was, the Courts within the...more

Court Dismisses Labeling Claims Against Wholesoy, Deferring to the Authority and Expertise of the FDA

Are judges in the Northern District of California losing their taste for food labeling litigation? In a recent win for Wholesoy & Co., Judge Yvonne Gonzalez Rogers dismissed plaintiff’s “misbranding” claims concerning the...more

FDA Issues Proposed Rules That Give FDA Administrative Detention Authority with Respect to Drugs

On July 15, 2013, the U.S. Food and Drug Administration (FDA) released proposed rules implementing sections of the Food and Drug Administration Safety and Innovation Act (FDASIA) and the FDA's new authority to protect the...more

U.S. v. Apple Inc et al

Copy of District Court Ruling that Apple Conspired to Raise E-Book Prices

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

California Attorney General Announces Privacy Recommendations for Mobile Apps and the Mobile Industry

Yesterday Kamala Harris, California's Attorney General, issued Privacy on the Go: Recommendations for the Mobile Ecosystem. The report and recommendations are intended to encourage app developers and others in the mobile...more

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