Communications & Media Products Liability Constitutional Law

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Food and Beverage News and Trends

KIND LLC faces challenges from FDA on its labeling claims. KIND LLC, a New York-based natural foods company, says it is working closely with the FDA to address issues raised by the agency in a warning letter over label...more

Plaintiff Gets Burned By Article III in Sunblock Class Action

Can a plaintiff sue in federal court for consumer fraud when he never purchased and never used the product? This is not a trick question, and the obvious answer is also the correct answer. No, he can’t. But the point...more

Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim - Eastman Chemical Company v. PlastiPure,...

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will not immunize such statements containing such claims from false advertising...more

Appeals Court upholds FTC order enjoining POM Wonderful claims – with modifications

In a much anticipated opinion, the Court of Appeals for the District of Columbia upheld the vast majority of a Federal Trade Commission order enjoining pomegranate juice maker POM Wonderful from advertising that its products...more

Food and Beverage News and Trends

New group emerges to oppose sale of GMO foods nationwide. A new nonprofit organization, U.S. Right to Know, seeks to publicize alleged harms of GMO food and to require disclosure by manufacturers of such ingredients....more

Distinguishing Standing and Injury in 75-1.1 Cases

A Minnesota judge was probably enjoying fond October baseball memories when he recently wrote a notable decision in a putative class action that involved kosher hot dogs. That decision, Wallace v. ConAgra, addresses the roles...more

Food and Beverage News and Trends

Vermont AG defends the state’s GMO statute. On August 8, the Vermont attorney general filed a motion to dismiss a case brought by food trade groups against the state’s newly enacted statute requiring GMO foods be...more

Food Litigation Newsletter

In This Issue: - Recent Significant Developments and Rulings ..100% Natural Tea Case Survives Dismissal ..Claims in Chocolate Case Survive Dismissal ..Court Denies Class Certification in “All Natural”...more

Settlement in False Advertising Class Action Leaves First Amendment Questions Unanswered

On April 30, 2014, the plaintiffs in Bezdek v. Vibram, a class action in the District of Massachusetts, filed for court approval of a class wide settlement. The case had been brought against Vibram, the Italian manufacturer...more

Food Litigation Newsletter - April 22, 2014

In This Issue: - Decisions ..Court Dismisses In Part for Lack of Specificity ..Court Dismisses Evaporated Cane Juice Claims Where Labels Disclosed Sugar Content ..Court Dismisses In Part for Lack of...more

The Supreme Court Redefines Standing Test for Lanham Act False Advertising Claims

On March 25, 2014, the Supreme Court clarified the standing requirements for false advertising claims brought under the Lanham Act. In Lexmark Intl., Inc. v. Static Control Components Inc., 572 U.S. ___ (2014), the Court, in...more

Federal Court Rejects Controversial Attempt To Expand Class Action Liability

In a putative class action in federal court, the U.S. District Court for the District of New Jersey quickly put to rest a controversial theory advanced by the plaintiffs to allow them to sue defendants who admittedly caused...more

Goodbye to Generic Preemption? FDA Publishes Proposed Rule

Today, the U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule in the Federal Register in an effort to “create parity” between brand-name and generic manufacturers for their labeling obligations. 78...more

More Inspiration from the Courts on Commercial Speech

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

FDA Takes It On The Chin Again In First Amendment Case

This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v....more

You Heard It Here First

Yesterday's Wall Street Journal has an interesting article about the FDA's off-label promotion ban being "in some jeopardy" after the Supreme Court's Sorrell decision, and pointing to the Caronia case, to be decided "within...more

Interesting First Amendment Law Review Note

A recent law review note, Kristie Lasalle, "A Prescription for Change: Citizens United's Implications for Regulation of Off-Label Promotion of Prescription Pharmaceuticals, 19 J. L. & Pol’y 867 (2011), copy here (Please see...more

Industry Tries Again For Clarity Concerning Off-Label Promotion

With the ink barely dry on the Supreme Court’s recent decision that pharmaceutical detailing is First Amendment protected commercial speech, see Sorrell v. IMS Health Inc., ___ U.S. ___, 2011 WL 2472796, at *8 (U.S. June 23,...more

Two More From The Supreme Court

Generic Manufacturers Win Preemption In Mensing The Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. Mensing, No. 09–993, slip op. (U.S. June 23, 2011). We’d like to talk about Mensing, but it’s a...more

Zyprexa Litigation, et al; In Re: Injunction

Memorandum, Final Judgment, Order & Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Reply Memorandum in Support of its Motion to Modify & Extend the Court's 01-03-07 Temporary...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Nonparties Mindfreedom International et al's Joint Memorandum of Points & Authorities in Opposition to Eli Lilly's Request to...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

(Proposed) Order for Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Amended Proposed Findings of Fact Concerning the Temporary Mandatory Injunction

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

In Re: Zyprexa Products Liability Litigation

Eli Lilly & Company's Memorandum of Points & Authorities Concerning Its Request To Modify & Extend the Court's...

EFF is defending the First Amendment rights of a citizen-journalist to link from a public "wiki" to electronic copies of damaging internal Eli Lilly documents relating to the controversial prescription drug Zyprexa. EFF's...more

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