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Communications & Media Products Liability

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

by Carlton Fields on

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more

Hold That Order! FDA Freezes Menu Labeling Rules Until 2018

by Seyfarth Shaw LLP on

The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more

Weight Loss Marketing Companies Settle FTC Claims

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”). The FTC alleged that the Defendants’ weight loss...more

Trump Privacy Rollback Continues, States Step Up

by McGuireWoods LLP on

On April 3, 2017, President Trump signed a repeal of new Federal Communications Commission (FCC) rules that would have subjected broadband internet service providers (ISPs) to more stringent consumer privacy regulations....more

Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule

President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give...more

Judge Koh Issues First Blow to “Added Sugars” Plaintiffs

The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company, No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases against well-known cereal makers...more

[Webinar] Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments - March 29th, 12:00pm EST

by Kelley Drye & Warren LLP on

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more

E-Cig Marketers Take Notice: Proposed New Jersey Flavored E-Liquid Law Advances

by Klein Moynihan Turco LLP on

Last week, the New Jersey State Assembly Health and Senior Services Committee (“Committee”) reported favorably on a proposed e-cig law that would prohibit the promotion, sale and distribution of vaping products with...more

The Internet of Toys

Privacy advocates in both the United States and Europe are urging regulators to take a hard look at the privacy ramifications of internet-connected toys, which are often conventional toys augmented by companion mobile...more

Popularity of Vapes Draws Attention of Big Tobacco

Industry Uses Old Strategies on New Products - Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

by Cozen O'Connor on

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products...more

Reexamination of “Healthy” Continues with an FDA Public Meeting in March 2017

As we’ve previously reported, FDA has signaled its interest in reviewing the scope and meaning of the nutrient content claim “healthy,” in part as result of a dispute with KIND LLC about label claims for its KIND Bar...more

Vermont Vapor Up in Smoke for Allegedly Deceptive E-Cig Marketing Practices

by Klein Moynihan Turco LLP on

Last week, Vermont Vapor, Inc. (“Vermont Vapor”) announced that the Vermont Attorney General’s Office is seeking $50,000 in penalties in connection with Vermont Vapor’s e-cig marketing practices. How can e-cig...more

Restrictions on Advertising with Nutrition and Health Claims Apply to Both Communications Addressed to Consumers and to...

by King & Spalding on

The Court of Justice of the European Union (ECJ) held that the restrictions on promoting foodstuffs with nutrition and health claims not only apply to communications addressed to the general public but also to communications...more

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

Missouri Court of Appeals Holds Ingredient List Label on Product Not an Absolute Defense to Claim for Deceptive Merchandising...

by Williams Venker & Sanders on

Murphy v. Stonewall Kitchen, LLC, No. 104072 (November 8, 2016)- The Missouri Court of Appeals, Eastern District, reversed a trial court’s order dismissing an action on the grounds that an ingredient list label was a...more

District Court Sacks Ginkgo Biloba False Advertising Case

On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies...more

FDA-Approved Labeling Does Not Equal Medical Standard Of Care

by Reed Smith on

We’ve been defending the ability of physicians to engage in off-label use ever since the Bone Screw litigation of the 1990s. Buckman Co. v. Plaintiffs Legal Committee, where the United States Supreme Court affirmed that...more

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

by King & Spalding on

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we...more

Spectrum Facing Consumer Fraud Lawsuit Over Wireless Internet Speed Claim Practices

by Klein Moynihan Turco LLP on

The Office of the Attorney General for the State of New York (“NYAG”) has filed a consumer fraud complaint against Charter Communications, Inc. and Spectrum Management Holding Company, LLC (“Spectrum”) for deceptive practices...more

Update: GMO labeling regs get Trumped

by Thompson Coburn LLP on

The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling. The development will likely throw a wrench in the USDA’s anticipated plans to give more...more

Big Tobacco Still Manipulating into the 21st Century

A doctor at his desk takes a drag off a Camel, deliberately deceiving the public about the dangers of the drug. Fred Flintstone fires up a Winston in front of Wilma and rattles off the company’s slogan, “Winston tastes...more

FTC Settles “Made in USA” False Advertising Claims

by Klein Moynihan Turco LLP on

On Wednesday, the Federal Trade Commission (“FTC”) announced settlement of its false advertising claims against iSpring Water Systems, LLC (“iSpring”). According to the FTC’s complaint, iSpring, a company that sells water...more

5 Hour Energy Deceptive Practices Lawsuit Survives Challenge

by Klein Moynihan Turco LLP on

A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices...more

McNees 2016 In Review – Advertising Law

Advertising and marketing laws affect all businesses that expose consumers to their goods and services. In 2016, highlights of advertising and marketing law issues included disclosures and celebrity endorsements, “Made in...more

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