The United States Food and Drug Administration is the oldest consumer protection agency in the United States. The agency was not officially known as the FDA until 1930, but its regulatory functions began with... more +
The United States Food and Drug Administration is the oldest consumer protection agency in the United States. The agency was not officially known as the FDA until 1930, but its regulatory functions began with the passage of the 1906 Pure Food and Drugs Act. The agency is charged with protecting the integrity of the nation's food supply and cosmetic products, as well as monitoring the safety and efficacy of drugs, medical devices, and biological products.
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Digital Health: Where is the Action for Entrepreneurs?
Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more
In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more
In this issue: - Recent NAD Decision Illuminates FDA’s “Light” Requirements - CA Supreme Court Rules Song-Beverly Doesn’t Apply to Online Downloadable Purchases - Comments in Four Loko Settlement May Drive...more
In 2011, a fourteen-year old girl drank two large cans of Monster Energy Drink within 24 hours. Soon after, she went into cardiac arrest and then died. Attorney Kevin Goldberg argues that if those drinks had a warning on the...more
Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health...more
In This Issue: POM Loses Again to the FTC – Will Other Advertisers?; Instant Instagram Controversy; LASIK Providers Need Corrective Advertising; FTC Reports on Food Industry Marketing to Kids; Google, Viacom Accused of...more
In October 2009, we published the first edition of this White Paper, focusing primarily on social media issues in the United States. The response was overwhelming and far beyond our expectation — clients, friends, press and...more
In a significant blow to the U.S. government’s enforcement efforts against the pharmaceutical industry, a panel of the Second Circuit overturned the conviction of a pharmaceutical sales representative for conspiracy to...more
As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more
Chief Administrative Law Judge D. Michael Chappell has upheld a Federal Trade Commission (“FTC”) complaint accusing POM Wonderful LLC (“POM Wonderful”), the maker of best-selling POM Wonderful 100% Pomegranate Juice (“POM...more
Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more
Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more
Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more
The Federal Trade Commission’s (FTC’s) recent enforcement initiatives on health claims may be heading for a showdown. On September 27, 2010, the FTC issued a particularly detailed 25-page administrative complaint charging POM...more
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