Communications & Media Law › Personal Injury › Conflict of Laws

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

Turkey, Mashed Potatoes and a Dollop of Preemption

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

California Appeals Court Issues Important Ruling on Commercial E-mail

The California Court of Appeal has held that California’s anti-spam statute (1) is not pre-empted by the federal CAN-SPAM Act, and (2) that it imposes strict liability for anyone who advertises in a commercial e-mail that...more