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FDCA

242 published works

  1. Drug & Device Law

    Just How “Illegal” Is Off-Label Promotion?

    By Bexis

    Until recently it’s simply been accepted that the FDA administratively banned off-label promotion – no ifs, ands, or buts.  Bexis’ book used to read:  “It is illegal, however, for a manufacturer of…

  2. Drug & Device Law

    Getting Pumped Up

    By Bexis

    We’ve been following all this Pain Pump litigation for some time – our “Pain Pump” topic has 31 posts in it − and with some trepidation.  The trepidation has primarily derived…

  3. Drug & Device Law

    An Off-Label Conundrum

    By Michelle Yeary

                The legal community is still buzzing about the Second Circuit’s decision in United States v. Caronia, ___ F.3d ___, 2012 WL 5992141 (2d Cir. Dec. 3, 2012) and what…

  4. Drug & Device Law

    Negligence Per Se Trivia

    By Bexis

    Bexis is updating chapter 4 of his book, which includes a thorough discussion of negligence per se.  Negligence per se in the context of the Food, Drug & Cosmetic Act…

  5. Drug & Device Law

    Everybody Keep Quiet: We Found a Good Decision

    By John Sullivan

    In the last few days it seems that we can’t stick our head out the blog's front door in the morning without a court hitting us in the head with…

  6. Drug & Device Law

    Caronia Web Roundup

    By Bexis

    We aren’t the only folks on the web with opinions and commentary concerning the recent decision in United States v. Caronia, ___ F.3d ___, 2012 WL 5992141 (2d Cir. Dec. 3, 2012),…

  7. Drug & Device Law

    Who Needs TwIqbal?: Round II

    By Bexis

    The following is a guest post by Mollie Benedict and Amanda Villalobos, both of Tucker Ellis, about a recent dismissal they won of one of those all-too-common California "consumer protection"…

  8. Drug & Device Law

    The FDA On Warning Letters – They’re Sure Not Final

    By Bexis

    Remember that case about ear candles?  Given the product, we had some fun with it in our earlier posts. Well, it turns out that the ear candling folks are nothing…

  9. The Appellate Strategist

    Sacred Exclusivity: The Ninth Circuit Steers (Well) Clear of the FDA

    By Matthew A. Reed

    The Supreme Court’s opinion in Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341, 349-50 (2001), recognizes that any attempt by a plaintiff to enforce the FDCA is preempted by…

  10. Drug & Device Law

    Call It Standing

    By Bexis

    While it remains true that our role in bringing about the Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), preemption decision is probably the highlight of our (read…