Polsinelli Podcasts - Be Careful What you Put in Writing - What Companies Need to Know About Document Retention
Jail Time for Revenge Porn Offenses?
FCPA Compliance and Ethics Report-Episode 3-Interview with Marie Patterson, Vice President of Marketing for Hiperos
What you need to know about Canada's new Anti-Spam Law (CASL)
Why Ending FCC Blackout Rules May Be Broadcast TV's Demise
FCC Proposes New Rules On Local Wireless Siting
Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin
What to expect from FCC Post-Governement Shutdown
Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin
Jason Maloni on Data Security
JOBS Act Implementation Regulations
Ernest DelBuono on Aviation
Jack Deschauer on Government Investigations
Polsinelli Podcast - Public Policy Issues in 2013
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: What is 'FHA approved,' exactly?
Condo Owners and Dealing with Uncooperative Management Companies
Reserve Funds: Purposes and Common Mistakes
Instapundit: America's IP Laws Need to be "Pruned Back"
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
The US Supreme Court allows private parties to bring Lanham Act claims challenging product labels that otherwise satisfy the Food, Drug, and Cosmetic Act.
In a battle of the beverages, the Supreme Court recently...more
On June 12, 2014, the Supreme Court, in an 8-0 ruling, held in POM Wonderful LLC v. Coca-Cola Co. that a competitor may sue another under the Lanham Act for unfair competition because of false or misleading food and beverage...more
Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers...more
Earlier this month, the FDA announced that it would reopen the comment period on its draft guidance for the industry concerning use of the term “evaporated cane juice” (ECJ). Draft Guidance for Industry on Ingredients...more
On January 10, 2014, the U.S. Supreme Court agreed to hear an appeal by Pom Wonderful LLC against The Coca-Cola Company. The Court will examine whether Pom can bring a federal Lanham Act false advertising claim against a...more
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
When a Federal statute is ambiguous, who gets to decide what it means — judges or the agency in charge of administering the statute? In its recent holding in City of Arlington v. Federal Communications Commission issued...more
The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more
As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more
Originally published in Washington Legal Foundation on August 3, 2012.
Class action lawyers looking for a shakedown have gone on a food binge. They have focused on the food industry and the ever-obliging federal court...more
Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more
The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more
Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising.
From Courthouse News:
“Pom Wonderful makes deceptive...more
Full text copy of the US Court of Appeals for the Ninth Circuit decision dismissing POM Wonderful’s Latham Act false advertising claims against Coca-Cola for the labeling used to describe its Minute Maid Pomegranate Blueberry...more
A federal court recently dismissed a proposed class action accusing a food company of misleadingly labeling cooking oils as 100% natural when they allegedly were made from genetically modified plants. Robert Briseno, et al....more
Tomorrow is Thanksgiving – the biggest American “eating” day of the year. So we thought we’d share a few fun facts. Did you know the average person on Thanksgiving eats around 4,500 calories? (By the way, that's more than...more
The Seventh Circuit ruled earlier this month that federal food labeling law expressly preempts state law claims seeking certain additional health-related disclosures on chewy bars. Turek v. General Mills Inc., No. 10-3267...more
Few planning and zoning decisions generate more controversy than the placement of cellular phone antennas. If the proposed site lies near a residential area, neighbors often will organize for purposes...more
This is my thesis, unfortunately it's in Bahasa Indonesia. It's a legal research comparing several countries' legislations and acts upon the cyber-censorship issue....more
In this issue: FDA Warning And Untitled Letters - Using Historical Reference To Avoid Receiving Them In The Future; Healthcare Reform - Actions That Can Be Implemented Today To Prepare For Changes; Generic Preemption After...more
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