Communications & Media Law, Products Liability

FDA Shines a Light on Tanning Bed Safety, Proposes Device Reclassification and Warnings to Users Under 18

by Fuerst Ittleman David & Joseph, PL on 5/9/2013

After issuing a public warning regarding the dangers of tanning nearly three years ago, this week the U.S. Food and Drug Administration (“FDA”) issued a proposed order to reclassify sunlamp devices and require labeling...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

Product warning labels - How well-written product warning labels can lessen a company’s liability

by James Hyde | Ropers, Majeski, Kohn & Bentley on 5/6/2013

When screwdrivers were created, they had an obvious use — to turn screws. But over time people started using them as chisels and pry bars, which led to injuries and the addition of warning labels that laid out the proper use...more

European Commission Plans to Change Consumer Product Safety Rules

by Alistair Maughan | Morrison & Foerster LLP on 4/26/2013

The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU. The Commission has put forward a new package of measures to provide more...more

FDA Grapples with Social Media

by Audet & Partners, LLP on 4/18/2013

As businesses continue to capitalize on social media as an inexpensive and effective advertising tool, pharmaceutical companies are struggling to find ways to embrace this trend while abiding by FDA regulations, “…fear of...more

FDA Energy Drink Regulation in the News: Health Experts Push for Regulatory Changes and Monster Moves to Market as a Beverage...

by Fuerst Ittleman David & Joseph, PL on 4/9/2013

On March 19, 2013, a group of doctors, researchers, and public health experts sent a joint letter to the Commissioner of the U.S. Food and Drug Administration (“FDA”) urging the FDA to make changes to the regulation of energy...more

Levick Weekly - March 22, 2013: The Clairvoyant Corporation - General Counsel As Supermen

by Gene Grabowski, Richard S. Levick | LEVICK on 3/22/2013

In This Issue: - The Clairvoyant Corporation General Counsel as Supermen - Smart Social Media Strategy - The GNC “Jack3d” Lawsuit Retailer Liability Hangs in the Balance - Blogs Worth Following - LEVICK In...more

The GNC “Jack3d” Lawsuit: Retailer Liability Hangs In The Balance

by Gene Grabowski | LEVICK on 3/22/2013

The New York Times recently published a sprawling, six-page feature story that signals a new era in retailer liability. The piece details the death of Army Private Michael Lee Sparling, who collapsed and suffered...more

Monster Energy Offers Caffeine Math in Response to Report

by Michele Bowman | Lawyers.com on 1/23/2013

Aready under the microscope in a lawsuit filed by the parents of a teen who died after drinking two cans of its energy drink, Monster Beverage Corporation is taking a report by the Drug Abuse Warning Network (DAWN)...more

Stefanie Fogel On What’s Next For Food Labeling Issues In 2013

by Gene Grabowski | LEVICK on 1/7/2013

After a year that saw labeling issues come to the forefront of the food safety conversation, I sat down with DLA Piper trial lawyer Stefanie Fogel to get her take on how manufacturers, producers, and retailers can expect the...more

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

by Harmon L. (Monty) Cooper | Sedgwick LLP on 12/24/2012

In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but...more

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

by Carol Brophy | Sedgwick LLP on 11/14/2012

The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some...more

Lipstick Case Presents Latest "No Injury" Class Action

by Spilman Thomas & Battle, PLLC on 10/23/2012

According to a group of women who filed a lawsuit last week, Maybelline should pay up for making false claims about its “Super Stay” lipstick products. Filed in federal court in Manhattan, the complaint seeks declaratory...more

Product Liability Risk In Licensing Trademarks With Technology

by Foley Hoag LLP - Trademark, Copyright &... on 10/12/2012

A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal...more

Lawsuits: Risperdal Schizophrenia Drug Makes Boys Grow Breasts

by Lawyers.com on 10/2/2012

The manufacturer of the antipsychotic drug Risperdal owes hundreds of millions of dollars to various states for improperly marketing the drug and encouraging doctors to prescribe it for ailments it was not approved for. The...more

Toxic Tort and Environmental Law Update: September 2012 -- New Hampshire Supreme Court Reverses “Light Cigarette” Class...

by Sedgwick LLP on 9/20/2012

In Karen L. Lawrence v. Philip Morris USA, Inc., No. 2011-574 (N.H. August 21, 2012), the New Hampshire Supreme Court overturned a class certification that had been granted in a case brought under the New Hampshire Consumer...more

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Communications & Media Law › Products Liability

FDA Shines a Light on Tanning Bed Safety, Proposes Device Reclassification and Warnings to Users Under 18

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

Product warning labels - How well-written product warning labels can lessen a company’s liability

European Commission Plans to Change Consumer Product Safety Rules

FDA Grapples with Social Media

FDA Energy Drink Regulation in the News: Health Experts Push for Regulatory Changes and Monster Moves to Market as a Beverage...

Levick Weekly - March 22, 2013: The Clairvoyant Corporation - General Counsel As Supermen

The GNC “Jack3d” Lawsuit: Retailer Liability Hangs In The Balance

Monster Energy Offers Caffeine Math in Response to Report

Stefanie Fogel On What’s Next For Food Labeling Issues In 2013

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

Lipstick Case Presents Latest "No Injury" Class Action

Product Liability Risk In Licensing Trademarks With Technology

Lawsuits: Risperdal Schizophrenia Drug Makes Boys Grow Breasts

Toxic Tort and Environmental Law Update: September 2012 -- New Hampshire Supreme Court Reverses “Light Cigarette” Class...

9th Circuit’s POM Wonderful Ruling Could Influence Food Class Actions

BPA: Emotions Trump Science at Every Turn

Abbott Labs to Pay $1.5 Billion in Depakote Settlement

Five Fingers, No Brains

An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is Really Just a Warning

A 100% Naturally Bad Preemption Decision

More Inspiration from the Courts on Commercial Speech

Some Restrictions Apply: Ninth Circuit Restricts Scope of Nationwide False Advertising Claims

Complying With Brazil's Consumer Protecting Code

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