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Food and Drug Administration (FDA) › Deceptive Intent

Wiley Rein LLP

Wiley Consumer Protection Download (September 11, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Jones Day

Tillis Urges FDA, USPTO to Investigate Potential False Narrative by Drug Critics

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On January 31, 2022, Sen. Thom Tillis (R-N.C.), the Ranking Member of the Senate Judiciary Committee Subcommittee on Intellectual Property, sent a letter to Janet Woodcock, Acting Commissioner of the FDA, and Drew...more

Knobbe Martens

Federal Circuit Review - September 2021

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Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a...more

McDermott Will & Emery

Material Information Submitted to FDA but Withheld from PTO Gives Rise to Inequitable Conduct

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The US Court of Appeals for the Federal Circuit found prior art submitted to the US Food and Drug Administration (FDA), yet withheld from the US Patent & Trademark Office (PTO) during prosecution of an asserted patent,...more

King & Spalding

Seventh Circuit Revives Deceptive Labeling Claims Against Parmesan Cheese Manufacturers and Retailers

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On December 7, 2020, the Seventh Circuit joined three other circuits—the First, Second, and Ninth—in holding that an accurate fine-print list of ingredients does not foreclose, as a matter of law, a claim that an ambiguous...more

King & Spalding

First Circuit Revives Suit Against Conagra for Allegedly Deceptive “100% Natural” Claim on Products Containing GMOs,...

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On May 5, the First Circuit reversed a lower court’s dismissal of a putative class action brought against Conagra alleging violations of Massachusetts’s deceptive trade practices act. In reversing, it found that a company’s...more

Seyfarth Shaw LLP

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

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Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more

Manatt, Phelps & Phillips, LLP

Healthcare Advertising: Understanding the FTC’s Role and Regulations

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Keeping patients well informed is a core principle of American healthcare policy, and advertising plays an important role in getting important information out to the public. The laundry list of side effect warnings featured...more

Troutman Pepper

The 'Palmetto Put-Down' Endangers Drug Cos. Nationwide

Troutman Pepper on

On Feb. 25, 2015, nearly two years after argument, the South Carolina Supreme Court directed entry of a $136 million judgment against Janssen Pharmaceuticals Inc. These civil penalties stemmed from a suit brought by the...more

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