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FDCA
242 published works
Drug & Device Law
FDCA-Based California Case Preempted As Private Enforcement
By Bexis
In a significant preemption decision clipping the wings of California consumer protection plaintiffs, two identical decisions: Borchenko v. L‘Oreal USA, Inc., ___ F. Supp.3d ___, 2019 WL 3315288 (C.D. Cal.…
Drug & Device Law
Guest Post − How Much Is Too Much Deference To FDA Warning Letters in Consumer Class Actions?
By Bexis
Today's guest post is by Camille L. Fletcher and Joshua Kipnees, both with Patterson Belknap. We actually sought out this guest post, which is rare. We first saw it on one…
Cannabis Law Update
FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the…
Ad Law Access
FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers
The FDA and FTC jointly issued warning letters to three companies selling CBD products online. The letters allege violations of the Federal Food, Drug, and Cosmetic Act (“FDCA”) and the…
Proskauer on Advertising Law
No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal of Almond Milk Labeling Suit
By Lawrence Weinstein, Jeffrey Warshafsky, Anisha Shenai-Khatkhate
On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term “almond…
Drug & Device Law
Buckman Preemption Fatal to Claim for Violation of the FDCA in IVC Filter Case
Next week, under pressure from the Drug and Device Law Lifelong Best Friend, we are participating in a “murder mystery dinner theatre” in the “conservatory” of a local cemetery. (We…
Drug & Device Law
It’s Never Too Late to Take Out the Laundry
One of our primary goals is to bring you the latest and greatest news in the drug and device litigation world. But sometimes we don’t learn of a case at…
Drug & Device Law
Failure to Report Claimed Allowed, But Plaintiff Shouldn’t Feel Bullish
This post is from the non-Reed Smith side of the blog only. We truly dislike decisions that find that claims of failure to report adverse events to the FDA are…
Drug & Device Law
Still No Causation, Still No “Parallel Claim”
We have made it no secret that we think the Ninth Circuit wrongly decided Stengel v. Medtronic. That is the case where the Ninth Circuit reversed express preemption of claims…
The Food Court
Slack-Fill Litigation: Full of Hot Air?
By Lori Lustrin, Ilana Drescher
Have you ever taken a sip of your Grande Starbucks latte and thought to yourself with disgust, “I can’t believe that barista topped off my latte with milk foam!” Or…