Manufacturers

News & Analysis as of

Week in Review

According to an article in The New York Times this week, high level executives make up the majority of tablet users in the workplace. That may change, though, as in the workplace tablet usage increases. It was predicted this...more

Facilities Siting: The Right Considerations Lead to the Right Choice

According to the research, manufacturers are on the move. The questions and considerations listed below are a great starting point for any company opening or relocating a manufacturing facility....more

CMS Wants To Shine Light On CME Payments To Physicians

It’s a question CMS has been wrestling with since the enactment of the Sunshine Act (sometimes called the Open Payments Program) as part of the Affordable Care Act. The Sunshine Act generally requires a manufacturer to...more

Settlement Over Deceptive Implant Marketing

Johnson & Johnson (“J&J”) has reached a four million settlement with the state of Oregon to resolve allegations that J&J improperly marketed its DePuy ASR metal-on-metal hip implants. J&J has recalled 93,000 ASR hip...more

Canada Endorses OECD Recommendation on Nanomaterials

The Summer 2014 issue of Canada’s Chemicals Management Plan Progress Report includes an item concerning nanomaterials. According to the article entitled “Canada Working on Nanomaterials at Home and Abroad,” Canada has...more

Trade & Manufacturing - News of Note - July 2014

Yemen Becomes the 160th Member of the WTO - Yemen became the 160th and newest member of the World Trade Organization (WTO) on June 26 – 30 days after depositing its "Instrument of Acceptance." WTO Members approved...more

EPA Promulgates SNURs for Two CNT Substances

On July 8, 2014, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 13 chemical substances that were the subject of premanufacture...more

OSPAR Commission's Harmonized Offshore Chemical Notification Format

The OSPAR Commission's (OSPAR) Harmonized Offshore Chemical Notification Format (HOCNF) is of paramount importance for a wide range of personnel, including chemical manufacturers and product manufacturers whose products are...more

Amini Sues Yuan Tai Enterprises - Again

Amini Innovation Corporation ("AICO") filed suit on June 30, 2014 in the United States District Court for the Central District of California (AICO's home court) again Yuan Tai Enterprises, Inc., a Texas corporation. The...more

CA Appellate Courts: Secondary Exposure Claims Permitted Against Product Manufacturers, But Not Premises Owners

Two California Courts of Appeal recently decided cases that will significantly impact secondary asbestos exposure claims in California. The result is that premises owners have no duty to protect family members of workers on...more

FDA Releases Compounding Policy Documents

The U.S. Food and Drug Administration (FDA) has released five policy documents regarding compounded human drug products in connection with its continued implementation of the compounding provisions of the Drug Quality and...more

That Yo-Yo is actually a Yo-Yo™ — Generic Trademarks

There is a recent magazine ad by Xerox Corporation showing consumer goods by picture only, and the products were instantly identifiable by their popular names: a thermos, an escalator, a trampoline, and a yo-yo. Xerox...more

Drug Compounding: Manufacturing Standards Announced for Outsourcing Facilities

In late 2013, Congress passed the Drug Quality and Security Act (DQSA) in response to a deadly fungal meningitis outbreak linked to a sterile compounded injectable drug shipped across the country and responsible for more than...more

Court Orders Google to Remove Site from Worldwide Search Results

In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP)...more

Trade & Manufacturing - July 2014

In This Issue: - Commerce Issues Preliminary Determination Finding Chinese Solar Producers Receive Countervailable Subsidies - United States Prevails in WTO Dispute Challenging China's Duties on U.S....more

Green Chemistry Regulatory Push Among States Continues

What began in 2008 with a few states enacting laws to address the perceived threats to children from chemicals in toys and kids’ products has become a full-fledged “green chemistry” movement in dozens of states. These laws...more

Economic Manufacturing Quantities: The Right Amount and the Right Locations

Does your manufacturing firm have enough facilities creating the optimum number of products in the right locations? As manufacturing abroad became viable, the siting options became innumerable. Now, already difficult...more

FTC’s Recent Enforcement Cases for Misleading Recycled Content Claims

The Federal Trade Commission (FTC) has stepped-up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in...more

Admirals Bank Partners with SunPower for an Innovative Solar Power Loan Funding Program

Mintz Levin would like to congratulate our client, Admirals Bank, on partnering with SunPower Corp., the second largest U.S. solar-panel maker, to establish an innovative solar power loan funding program. Together, SunPower...more

Evaluating Freedom to Operate | Endovascular Today

The third step in bringing your medical device to market is to understand whether you can practice your invention. This article is part three of a series that will present the three big issues in IP: Do you own it? Can...more

New Updated FTC Care Labeling Rules: “Do’s and Don’ts”

The Federal Trade Commission (“FTC”) enforces federal labeling requirements that require manufacturers, importers, sellers and distributors of certain textile and wool clothing to accurately label their products. For example,...more

Next-Generation Manufacturing Should Place Greater Emphasis on Trade Secret Concerns

Picking up on our discussion last week about the pending Defend Trade Secrets Act of 2014, recent testimony by Eli Lilly’s Vice President and General Patent Counsel, Douglas K. Norman in support of this legislation offers a...more

FDA Issues Draft Guidance Easing Compliance for Medical Device Data and Image Systems

In what has been an active couple of months of released guidance documents, the FDA issued another draft guidance on June 20, 2014 entitled, “Medical Device Data Systems, Medical Image Storage Devices, and Medical Image...more

FDA Issues Two Draft Guidance Documents Relating to Internet and Social Media Use by Drug and Device Manufacturers

On June 17, 2014, the Food and Drug Administration (“FDA”) released two draft guidance documents related to manufacturer communications on the Internet and social media platforms. The two documents are (1) “Internet/Social...more

Grocery Manufacturers File Suit Against Vermont Over GMO Law

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final...more

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