News & Analysis as of

Commercial Speech

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more

WilmerHale

Prop 65 Warnings for Glyphosate Found To Violate First Amendment

WilmerHale on

On November 7, 2023, the US Court of Appeals for the Ninth Circuit held that California’s Prop 65 warning for glyphosate—the active ingredient in the herbicide Roundup®—violates the First Amendment. The court determined that...more

Mintz - Health Care Viewpoints

Guidance from FDA Clarifies a Key Issue for Industry: Non-Promotional Presentations About Unapproved Uses of Medical Products Can...

U.S. health care attorneys, investors, and industry stakeholders are very familiar with the well-worn mantra that prescription drug and medical device companies are not allowed to “market” or “promote” their...more

Haight Brown & Bonesteel LLP

California Court of Appeal Reverses Trial Court’s Granting of anti-SLAPP Motion Based on Commercial Speech Exemption

In BioCorRx, Inc. v. VDM Biochemicals, Inc., Case No. G061535, the Court of Appeal of the State of California Fourth Appellate District held that statements or representations made by a person or company for the purpose of...more

Goodwin

How to Get Your SIUU Out: FDA Provides Long-Awaited Update for Industry on Communicating Off-Label Information

Goodwin on

On October 23, 2023, FDA announced the availability of a revised draft guidance titled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical...more

Stinson LLP

New Jersey Joins Other States in Limiting Credit Card Surcharges

Stinson LLP on

The State of New Jersey has passed a new law limiting the amount of a credit card surcharge by a seller on a purchase of goods or services. New Jersey joins 12 other states and territories that have had laws on their books...more

Foster Garvey PC

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

Foster Garvey PC on

On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more

Hogan Lovells

Restrictions on Lawyer Ads Involving Drugs and Medical Devices Are Not Unconstitutional, Says Federal Court

Hogan Lovells on

The Fourth Circuit has found that a West Virginia state law restricting how attorneys can solicit clients in pharmaceutical and medical device cases does not violate the First Amendment. At the end of April, a three-judge...more

Jackson Lewis P.C.

Oregon Ban on Home Buyers’ ‘Love Letters’ to Sellers Violates First Amendment, Federal Court Rules

Jackson Lewis P.C. on

After becoming the first state to ban real estate “love letters,” Oregon’s novel law has been found to violate the First Amendment and enjoined from enforcement by a federal Court in Oregon. Total Real Estate Group v. Strode,...more

Hogan Lovells

U.S. District Court Grants Summary Judgement Against Louisiana Alternative Protein Labeling Law

Hogan Lovells on

The U.S. District Court for the Middle District of Louisiana recently issued an opinion and order granting Turtle Island Foods’ Motion for Summary Judgment in a First Amendment challenge the food manufacturer brought against...more

Proskauer - Advertising Law

“Butter” Luck Next Time: Court Finds California Cannot Preclude Vegan Dairy from Using “Vegan Butter” Labeling

Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers

Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more

Proskauer - Advertising Law

Judge Recommends Lanham Act Litigant “Shake it Off”

Judge Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania recently dismissed a Lanham Act suit that challenged critical comments on a blog (not this one!).  The case was brought by plaintiff...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

Hogan Lovells on

On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

Goodwin

State Statute Prohibiting Surcharges on Credit Card Purchases Held Unconstitutional

Goodwin on

On February 25, 2021, the United States District Court for the District of Kansas issued an opinion granting summary judgment in favor of CardX, LLC (CardX), and found unconstitutional “a Kansas law that prohibits sellers...more

Ervin Cohen & Jessup LLP

Can Product Reviews Be Subject To Lanham Act Liability?

On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more

Spilman Thomas & Battle, PLLC

New Developments in the World of Section 230

Nick Mooney and Joseph Schaeffer, Spilman Technology Law Practice Group Chairs, discuss proposed amendments from the Department of Justice, a recent statement from Justice Thomas on the Supreme Court’s “shadow docket,” and a...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more

Goodwin

Federal Court Enjoins Enforcement of Massachusetts Attorney General’s COVID-19 Debt Collection Regulation

Goodwin on

On May 6, 2020, the U.S. District Court for the District of Massachusetts, in ACA International v. Healey, Case No. 1:20-cv-10767-RGS, enjoined Massachusetts Attorney General Maura Healey (AG Healey) from enforcing provisions...more

K&L Gates LLP

COVID-19: Emergency Regulations Do Not Pass Constitutional Muster

K&L Gates LLP on

Federal Judge Enjoins Enforcement of Massachusetts Attorney General’s Debt Collection Ban Under First Amendment - In response to the COVID-19 emergency, the Massachusetts Attorney General’s Office (“AGO”) issued a set of...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Hinshaw & Culbertson - Consumer Crossroads

Federal Court Nixes Massachusetts Attorney General's Emergency Debt Collection Regulations

On May 6, 2020, a federal court granted ACA International's request for a temporary restraining order of the Massachusetts Attorney General's emergency regulations prohibiting debt collection calls and enforcement actions...more

Hinshaw & Culbertson - Consumer Crossroads

Federal Court Hears Oral Argument in ACA's TRO Petition Seeking to Enjoin Massachusetts's Emergency Debt Collection Regulations

On May 1, 2020, U.S. District Court for the District of Massachusetts Judge Richard Stearns heard oral arguments in ACA International's suit to halt the emergency debt collection regulations enacted in Massachusetts, which...more

Spilman Thomas & Battle, PLLC

ACA International v. Healey - Will Massachusetts' Debt Collection Freeze Hold Up To Constitutional Heat?

A number of states have issued executive orders or other emergency declarations to provide relief from certain debt collection practices in the wake of the COVID-19 crisis. Such measures include ceasing new wage attachments...more

Hinshaw & Culbertson - Consumer Crossroads

Collection Industry Trade Group Sues Massachusetts Attorney General to Halt Emergency Regulations

We recently reported on Massachusetts Attorney General Maura Healey's implementation of temporary regulations halting collection of debt from Massachusetts' consumers in the wake of the COVID-19 crisis. With certain...more

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