News & Analysis as of

Pharmaceutical Industry Unfair or Deceptive Trade Practices

Mintz - Health Care Viewpoints

Will Sustained Pressure on the 340B Program Finally Lead to Much Needed Reform?

As we enter into the final months of 2024, new developments in the administration of the 340B Drug Pricing Program signal that additional reform may be on the way. Although recent revisions to the 340B program’s...more

Polsinelli

FDA Preemption of State Law for False Labeling Survives Appeal to Supreme Court

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Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision...more

Cozen O'Connor

CVS Settles with Alaska AG for $10 Million over Opioid Allegations

Cozen O'Connor on

Alaska AG Treg Taylor has reached a settlement with CVS Pharmacy, Inc. to resolve allegations that the company violated Alaska’s Unfair Trade Practices and Consumer Protection Act by allegedly dispensing opioid-containing...more

Cozen O'Connor

AGs Net $500 Million in Opioid Epidemic Settlements

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Multistate groups of AGs reached two settlements related to claims involving the U.S. opioid epidemic. Publicis Health, LLC settled with a coalition consisting of all AGs from every state, territory, and the District of...more

Proskauer - Minding Your Business

Ozempic Gains Popularity, Its Maker Loses First Legal Fight

With Hollywood celebrities speaking out both in favor of and against the use of drugs like Ozempic and Wegovy for weight loss, it was only a matter of time before demand outpaced supply. Although most might believe that...more

Manatt, Phelps & Phillips, LLP

[Webinar] 2023 Health Care Enforcement Trends: Spotlight on Consumer Protection, Antitrust and Fraud - December 13th, 1:00 pm -...

In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more

Troutman Pepper

State AGs Choose Products Liability Case as Battleground for State Sovereignty

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A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer protection laws. On May 30, the...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

Harris Beach PLLC

Medical and Life Sciences: Year in Review 2022

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From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more

BakerHostetler

AD-ttorneys@law - May 2022

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NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Kelley Drye & Warren LLP

Opioids: State Attorney General Marketing Enforcement Under Attack?

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November has been an active month in the years-long litigation of opioid manufacturers — and it hasn’t been good for the theories put forth by Attorneys General and local governments. On November 1, Orange County Judge Peter...more

King & Spalding

Pharmaceuticals and Active Pharmaceutical Ingredients - Biden Administration Issues 100-Day Supply Chain Review Report

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On June 8, 2021, four Executive Branch Departments issued reports mandated by President Biden’s February 24, 2021 Executive Order on America’s Supply Chains (the “America’s Supply Chains E.O.” or the “E.O.”). The E.O....more

Manatt, Phelps & Phillips, LLP

FTC Prohibits Medical Director of $23,000 COVID-19 ‘Treatment’ Plan From Making False Health Claims

The medical director of Golden Sunrise Nutraceutical, Inc., agreed to settle Federal Trade Commission (FTC) charges that he took part in deceptively advertising a $23,000 treatment plan as a scientifically proven way to treat...more

Hogan Lovells

Biden Administration Releases First 100-Day Review, Spurring Immediate Actions for US Supply Chains

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Pursuant to Executive Order 14017, issued by President Biden on 24 February 2021, a federal government task force examined the vulnerabilities in America’s supply chains for semiconductor manufacturing and advanced packaging,...more

Cozen O'Connor

Opioid Fallout: Ad Agency Sued For Allegedly Helping Purdue Deceptively Market OxyContin

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Massachusetts AG Maura Healey sued healthcare marketing company Publicis Health, LLC (“Publicis”) under a theory of public nuisance and for violations of Massachusetts’s consumer protection law over Publicis’s alleged role in...more

Troutman Pepper

The FTC Reflects on a Busy Year

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On March 25, the Federal Trade Commission (FTC or Commission) released an article reflecting on its work in 2020. The following are some of the most notable actions of the FTC in 2020...more

Cadwalader, Wickersham & Taft LLP

State Attorney General Insider – Winter 2020-2021 | December 2020 | Issue No. 3: Notable Cases

Notable Cases - Here are a few of the major cases of interest within the state Attorneys General community that are receiving significant press coverage. ...more

Cozen O'Connor

$834 Million Plavix Judgment | Student Loan Servicing Settlement | Former NH Attorney General’s New Role

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State AGs in the News- Former New Hampshire Attorney General Confirmed as Chief Justice of the State Supreme Court- •Former New Hampshire AG Gordon MacDonald was confirmed to be the chief justice of the state Supreme...more

Robins Kaplan LLP

The Cure: Social Media Influencers and Healthcare

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Social media influencers have become the latest source of health information for many. This is especially true right now, amidst the ongoing and rapidly evolving COVID-19 pandemic....more

Bilzin Sumberg

Class Action Ascertainability in the Eleventh Circuit: What Makes the Cut?

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On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more

White & Case LLP

FTC and FDA Announce Plans to Combat Anticompetitive Practices in the "Biologic Marketplace"

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On February 3, 2020, the Federal Trade Commission ("FTC") and the Food and Drug Administration ("FDA") issued a joint statement and plan seeking to advance biosimilar competition and combat deceptive and anticompetitive...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

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Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Mintz - Consumer Product Safety Viewpoints

FTC Identifies Concerns With Plaintiff’s Lawyers Advertisements Concerning Risks Associated With Pharmaceutical Drugs

I suspect that we’ve all had this experience. You’ve finished a long day of work, had dinner, and have cozied up on the couch with a glass of wine to watch a re-run of your favorite TV show. The show goes to commercial and...more

Orrick - Trade Secrets Group

Does California’s Ban on Non-Competes Apply to Business Agreements? The California Supreme Court May Weigh In Shortly.

The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600. As TSW readers are likely aware, Section 16600 states that “[e]very...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

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