Labeling

New OSHA Hazard Communication Standard Requires Re-labeling Employee Training and Other Steps

by Reed Smith on 5/17/2013

Chemical manufacturers, distributors and employers of all types need to take note of new Occupational Safety and Health Administration (OSHA) requirements contained in OSHA’s recently modified hazard communication standard...more

Medical Device Update: FDA Regulation of Tanning Beds, “Henceforth to be Known as Sunlamp Products”

by Fuerst Ittleman David & Joseph, PL on 5/10/2013

Yesterday, we reported that FDA had announced its intentions of reclassifying sunlamp products and requiring labeling changes to include warnings discouraging young people from using them....more

Advertising Law -- May 09, 2013

by Manatt, Phelps & Phillips, LLP on 5/9/2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

FDA Shines a Light on Tanning Bed Safety, Proposes Device Reclassification and Warnings to Users Under 18

by Fuerst Ittleman David & Joseph, PL on 5/9/2013

After issuing a public warning regarding the dangers of tanning nearly three years ago, this week the U.S. Food and Drug Administration (“FDA”) issued a proposed order to reclassify sunlamp devices and require labeling...more

Product warning labels - How well-written product warning labels can lessen a company’s liability

by James Hyde | Ropers, Majeski, Kohn & Bentley on 5/6/2013

When screwdrivers were created, they had an obvious use — to turn screws. But over time people started using them as chisels and pry bars, which led to injuries and the addition of warning labels that laid out the proper use...more

Advertising News & Analysis - May 2, 2013

by Gary D. Hailey, Jeffrey D. Knowles, Amy Ralph Mudge, Randal M. Shaheen | Venable LLP on 5/6/2013

In this issue: - NY Court Finds Name-Dropping Remains Protected in Art and Music - FTC Announces Staff Report on Mail or Telephone Order Merchandise Rule - FTC Solicits Comments on Proposed Changes to...more

Defining “Natural”: The National Organic Program Offers Guidance That May Impact Organic and Nonorganic Food Producers Alike

by Natalie Naugle | Morrison & Foerster - Private Surgeon... on 4/16/2013

The USDA’s National Organic Program (“NOP”) recently issued draft guidance that organic and nonorganic food manufacturers alike should be aware of. In addressing what is required to certify a product as “organic,” the NOP has...more

Revised Hazard Communication Standard: December 1st, 2013 Deadline for Training and the Basic Training Requirements that You Need...

by Michael Mallen | Miller & Martin PLLC on 4/10/2013

OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Two significant changes contained in the revised standard...more

A Narrow Exception To The Mensing Preemption Defense

by Erin M. Bosman, Jeffrey M. David, James W. Huston, Julie Y. Park | Morrison & Foerster LLP on 4/8/2013

The Sixth Circuit recently held that a failure-to-warn claim could proceed against a generic manufacturer that had failed to timely follow the brand-name label. Fulgenzi v. Pliva Inc., Case No. 12-3504 (6th Cir. March 13,...more

EU Environment Report - March 2013

by Jacquelyn F. MacLennan | White & Case LLP on 4/2/2013

In This Issue: *Chemicals: - European Chemicals Agency consults on ten new substances for REACH candidate list - European Food Safety Authority publishes its 2013 work plan - European Food Safety...more

Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion

by Christopher R. Hall, Gregory G. Schwab | Saul Ewing LLP on 3/25/2013

The U.S. Court of Appeals for the Ninth Circuit has upheld the wire fraud and misbranding convictions and sentence of InterMune Inc. founder W. Scott Harkonen. United States v. Harkonen, No. 11-10209 (9th Cir. March 4, 2013)....more

Asian Regulatory RoundUp - March 2013

by Angelyn Lim | Dechert LLP on 3/21/2013

In This Issue: - Greater China - Hong Kong - Taiwan - Singapore - India...more

"Complex Mass Tort Product Liability Alert: Supreme Court Hears Oral Argument Regarding Scope of Generic Drug Preemption"

by John Beisner, Sheila Birnbaum, Mark Cheffo, Steven Napolitano | Skadden, Arps, Slate, Meagher & Flom LLP on 3/19/2013

Today, the Supreme Court of the United States held oral argument in Mutual Pharmaceutical Co. v. Bartlett, a follow-up to its landmark ruling in PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which addressed federal...more

EU Customs Practice Group - January/February 2013

by White & Case LLP on 3/19/2013

In This Issue: *EU CUSTOMS POLICY: - MCC recast/UCC - Commission Communication on Customs Risk Management Security of the Supply Chain *TARIFFS: - Update on duty suspensions/tariff quotas - GSP...more

Mind the Gap: Sixth Circuit Finds Room for Suit Against Generic Manufacturers After Mensing

by Erin M. Bosman, Jeffrey M. David, James W. Huston, Julie Y. Park | Morrison & Foerster LLP on 3/15/2013

Yesterday, the Sixth Circuit issued its decision in Fulgenzi v. PLIVA, Inc., a case involving a state law claim for failure to warn against a generic drug manufacturer. Case No. 12-3504 (6th Cir. March 13, 2013). The court...more

Telecommunications Regulatory Update – February 2013: Baker & McKenzie

by John Mollard, David Ryan | Baker & McKenzie Australia on 3/11/2013

In This Issue: Introduction of Critical Information Summaries; ACMA consultation paper on reallocation of 2300-2303MHx band for spectrum licensing; Proposed changes to labelling requirements for spectrum licences;...more

In-FUR-mation Update: New FTC Enforcement Policy for Retailers

by Sheppard Mullin Richter & Hampton LLP on 3/8/2013

Fur was a number one pick this winter season, as seen in magazine editorials, designer ads and fashion shows, showcasing its popularity in collections around the world. Whether jacket, purse, parka or boots, the Federal Trade...more

EU Environment Report - February 2013

by Jacquelyn F. MacLennan | White & Case LLP on 3/8/2013

In This Issue: *Chemicals: - Commission concludes that the REACH Regulation has brought significant improvements - Commission releases roadmap on SVHCs - ECHA publishes additional list of substances for...more

Preemption: The Cure for the Common Claim?

by William Tarantino | Morrison & Foerster - Private Surgeon... on 3/1/2013

Although the landscape of the Federal Food Drug and Cosmetic Act (FDCA) preemption of private Surgeon General class action claims continues to shift under our feet in California, first with POM and recently with this case,...more

Advertising Law -- Feb 28, 2013

by Manatt, Phelps & Phillips, LLP on 3/1/2013

In This Issue: Manatt Partner Ken Kaufman Marks Ten Years as Co-Chair of PLI's Annual Entertainment Law Conference; Manatt Partner Ivan Wasserman Invited to Speak at Engredea Conference; Starbucks, Kraft Battle Over...more

FDA Regulation of Laboratory Developed Tests: Benefit or Unnecessary Burden?

by Antoinette F. Konski | Foley & Lardner LLP on 2/25/2013

The U.S. Department of Food and Drug Administration (“FDA”) has previously announced an interest in regulating diagnostic tests used in providing personalized medicine clinical care. Interested stakeholders such as the...more

Advertising News & Analysis - January 10, 2013

by Ellen Traupman Berge, Molly Cusson, Lisa Jose Fales, Thomas Gilbertsen, Jeffrey D. Knowles, Amy Ralph Mudge, Ari Rothman, Randal M. Shaheen | Venable LLP on 1/15/2013

In this issue: - Old Rules Still Apply to New Technologies - NAD Says It Won’t Demur Just Because a Regulator OKs Language - Toys“R”Us Settlement Exposes Dark Side of Refund Policies - Hollister Gift Card...more

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (2nd Edition)

by Reed Smith on 1/9/2013

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

FDA Announces Public Meeting to Discuss Standardization and Availability of Medical Device Labeling

by King & Spalding on 1/9/2013

On April 29-30, 2013, FDA will hold a public workshop to discuss standardizing the format and content of medical device labeling and the development of a public repository/database that would provide access to the labeling of...more

Stefanie Fogel On What’s Next For Food Labeling Issues In 2013

by Gene Grabowski | LEVICK on 1/7/2013

After a year that saw labeling issues come to the forefront of the food safety conversation, I sat down with DLA Piper trial lawyer Stefanie Fogel to get her take on how manufacturers, producers, and retailers can expect the...more

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