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FDCA

242 published works

  1. 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.…

  2. 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…

  3. Cannabis Law Update

    FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers

    By Kristi L. Wolff

    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…

  4. Ad Law Access

    FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers

    By Kristi L. Wolff

    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…

  5. 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…

  6. Drug & Device Law

    Buckman Preemption Fatal to Claim for Violation of the FDCA in IVC Filter Case

    By Rachel B. Weil

    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…

  7. Drug & Device Law

    It’s Never Too Late to Take Out the Laundry

    By Michelle Yeary

    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…

  8. Drug & Device Law

    Failure to Report Claimed Allowed, But Plaintiff Shouldn’t Feel Bullish

    By Michelle Yeary

    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…

  9. Drug & Device Law

    Still No Causation, Still No “Parallel Claim”

    By Steven Boranian

    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…

  10. 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…