News & Analysis as of

Preemption Marketing

Conn Kavanaugh

Defining the Boundaries for Pre-emption of Drug Labeling Claims

Conn Kavanaugh on

Drug warning labels must comply with federal regulations and receive approval from the Food and Drug Administration (“FDA”) before going to market. Therefore, manufacturers may argue that state law actions related to the...more

BCLP

CCPA Privacy FAQs: Under the CCPA, can a company send mass marketing emails to clients or prospects to invite them to a conference...

BCLP on

Yes. An invitation to a conference or a trade show is generally considered a commercial solicitation. On the federal level, the CAN-SPAM act does not require prior consent for a commercial email, only that it be clearly...more

Butler Snow LLP

Express Preemption of Consumer Protection Actions: Preventing a Patchwork of State Drug and Device Regulations

Butler Snow LLP on

The Supremacy Clause of the United States Constitution declares federal law to be the “supreme Law of the Land.” Thus, when federal law and state law conflict, the state law is “preempted,” or rendered without effect. Under...more

Nutter McClennen & Fish LLP

Product Liability: 2017 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #2

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a...more

Manatt, Phelps & Phillips, LLP

Agreement Reached on Bipartisan Federal GMO Food Labeling Bill

Provides Practical, Mandatory Disclosure and Preempts State GMO Labeling Laws - Senate Agriculture Committee leaders reached agreement June 23, 2016, on a bill that would require food containing genetic material modified...more

Locke Lord LLP

Q&A Series: Class Action Litigation Has Focused On Claims By Spirits Producers on Labels, Websites, and In Marketing Campaigns

Locke Lord LLP on

In some cases class action plaintiffs are making claims based on an allegedly incorrect statement on a label. Does TTB approval of a label protect a producer against claims based on the content of the label? TJC: There...more

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