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Advertising Warning Labels

Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Kelley Drye & Warren LLP

Proposed Federal Legislation Would Require Warning Labels and Advertising Prohibitions on ​“Junk Foods”

On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the ​“Act”). In a press release that positions the Act as having the same...more

Troutman Pepper

California Considers Modifying Prop 65 Warning Requirements (Again)

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In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more

McDermott Will & Emery

Five Tips for Making Boozy Ice Cream That’s Legal

McDermott Will & Emery on

When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize...more

Arnall Golden Gregory LLP

Proceed at Your Own Risk: FDA Issues Final Rule Requiring New Warnings for Cigarette Packages and Advertisements

In a world where the Coronavirus has taken over all of our day-to-day lives, other parts of the Food and Drug Administration continue to focus on initiatives that “promote greater public understanding [of the] negative health...more

Husch Blackwell LLP

FDA Proposes New Health Warning For Cigarette Packages And Advertisements

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Yesterday, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would require health warnings on cigarette packages and advertising. The warnings include color images depicting some of the lesser-known...more

Foley Hoag LLP - Cannabis and the Law

Recent FTC and FDA Warning Letters May Hold Lessons For Cannabis Advertisers

Last month the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) sent joint warning letters to four companies that manufacture and advertise flavored liquids used in vaping (“e-liquids”). While...more

Neal, Gerber & Eisenberg LLP

Client Alert: FTC and FDA Team Up to Send Warning Letters About Social Media Influencer Posts

Recently, the Federal Trade Commission (“FTC”) and the U.S. Food & Drug Administration (“FDA”) issued joint warning letters to four sellers of e-liquids, the nicotine “juice” used in vaping regarding their use of social media...more

Nilan Johnson Lewis PA

10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product

Companies can save hundreds of thousands of dollars in litigation fees by taking proactive steps that put them in the best position possible to avoid potential legal claims and defend those that occur. From warnings to...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Issues an Important Commercial Speech Ruling

On January 31, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling in a commercial speech case, American Beverage Assoc., et al., v. City and County of San Francisco. ...more

Allen Matkins

Sugar-Sweetened Beverages, Conflict Minerals And The First Amendment

Allen Matkins on

In an en banc decision issued yesterday, the Ninth Circuit Court of Appeals reversed U.S. District Court Judge Edward M. Chen's denial of a preliminary injunction in an action challenging a San Francisco ordinance requires...more

Foley Hoag LLP - Making Your Mark

Cannabis Regulators Establish Ground Rules For Marijuana Advertising In Massachusetts

With the first retail sales of adult use marijuana slated to take place in just over five months, the Massachusetts Cannabis Control Commission (the “Commission”) is working overtime to regulate an industry that some project...more

Kelley Drye & Warren LLP

Government-Mandated Health Warnings in Sweetened Beverage Advertising Found Likely to Chill Protected Free Speech

On September 20, the Ninth Circuit blocked the City and County of San Francisco from implementing an ordinance that would have required health warnings on advertisements for beverages that contain one or more added sweeteners...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2016 #2

FTC's Brill to Advertisers: Enhance Consumer Notice, Control - Exhorting advertisers to provide consumers with greater notice and control—particularly with regard to native advertising and cross-device...more

King & Spalding

First Circuit Finds Federal Preemption of State Tort Claims That Conflict With A Medication’s FDA-Approved Labeling & Warnings

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An opinion issued by the U.S. Court of Appeals for the First Circuit on February 20, 2015 held that the Federal Food, Drug, and Cosmetic Act (“FDCA”) preempted claims that Lexapro’s U.S. Food and Drug Administration (FDA)...more

Weintraub Tobin

Regulation Creep In The Nanny State:The Proposed Not-So-Safe-Harbor Enactment In Proposition 65 Advertising Regulations

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Thomas Jefferson once famously warned that, “The natural progress of things is for liberty to yield and government to gain ground.” In the current political climate, this certainly seems to be the case. Businesses are being...more

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