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FDCA

242 published works

  1. Drug & Device Law

    The FDCA Preempts California’s Sherman Law, Ninth Circuit Holds

    By Steven Boranian

    We have always been flummoxed by California’s Sherman Law.  That is the California statute that purports to incorporate by reference the Food, Drug, and Cosmetic Act, supposedly making violations of…

  2. Drug & Device Law

    Government Concedes Botched Off-Label Use Instruction in FCA Case

    By Bexis

    The billion-dollar-plus verdict in United States ex rel. Penelow v. Janssen Products, LP, 2025 WL 937504 (D.N.J. March 28, 2025), epitomizes everything that is wrong about the False Claims Act…

  3. Drug & Device Law

    How Not To Create “Newly Acquired Information”

    By Bexis

    Bexis is updating (probably for the last time) the preemption chapter of his drug and device product liability treatise, so expect blogposts like this on preemption-related topics. Briefly, preemption in…

  4. Food, Drug & Agriculture

    What to Watch: Potential Increase in Enforcement of “RUO” Diagnostics

    By Dominick DiSabatino, Audrey Mercer

    Last spring, we wrote about a warning letter the United States Food & Drug Administration (“FDA” or the “Agency”) issued to Agena Bioscience Inc. (the “Agena Warning Letter”)[1] for allegedly…

  5. Napoli Shkolnik Blog

    Parents Sue Colgate: When Children’s Products Become Dangerous 

    By Napoli Shkolnik

    #gap-1627989915 { padding-top: 50px; } The recent class action lawsuit against Colgate-Palmolive over their Hello Kids Fluoride Rinse represents a disturbing trend in corporate America where profit margins take precedence…

  6. Drug & Device Law

    Medical Device Manufacturers Are Not Health Care Providers, Right?

    By Eric Alexander

    For the decades that we have been handling drug and medical device product liability cases, it has been a given that we wanted to make it clear that our clients…

  7. Drug & Device Law

    Preemption Round Up – Failure to Report

    By Bexis

    Recently, when putting together our “Staple Suit Cropped” blogpost about Kane v. Covidien LP, 2025 U.S. Dist. Lexis 25718 (E.D.N.Y. Feb. 12, 2025), we realized that, while we had a…

  8. Climate Solutions Legal Digest

    Eliminating the GRAS “Loophole”: Implications for Functional Foods and Beverages

    By Megan Beebe, Lauren Petrin [Former Attorney]

    On March 10, 2025, the U.S. Department of Health and Human Services (HHS) announced that U.S. Secretary of HHS Robert F. Kennedy Jr. directed the U.S. Food and Drug Administration (FDA) to…

  9. Drug & Device Law

    DDL Blog Goes to the Dogs (And Cats)

    By Michelle Yeary

    Yes, we are the Drug and Device Law Blog.  Yes, we at times stray into other areas when we think a decision has application to our DDL world.  Yes, today’s…

  10. Drug & Device Law

    Double Shot Thursday:  Express Preemption Based on an OTC Drug Monograph and The Delaney Clause and Personal Injury Litigation— FDA Delists Color Additive Red No. 3, But Will It Be Enough to Attract Even Dyed-in-the-Wool Plaintiffs Lawyers?

    By Eric Alexander

    Like the radio stations of yore did with songs, we offer up two related posts back-to-back instead of the usual one.  We cannot offer a “favorite artist” as the source…