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FDCA

242 published works

  1. Drug & Device Law

    What’s In a Name?

    By Michelle Yeary

    “That which we call a rose by any other name would smell just as sweet.” William Shakespeare uses this line in his play Romeo and Juliet to convey that the naming…

  2. Drug & Device Law

    FDCA Expressly Preempts State-Law Claim Challenging Labeling Statement Authorized By FDA Regulations

    By Andrew Tauber

    A few weeks ago, we reported on Chong v. Kind LLC, 2022 WL 464149 (N.D. Cal. 2022), a decision holding that 21 U.S.C. § 337(a) as construed in Buckman v.…

  3. Drug & Device Law

    Buckman Preempts Claims Despite State’s Adoption of the FDCA as State Law

    By Andrew Tauber

    Buckman v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), stands for the proposition that only the federal government may enforce the Food, Drug, and Cosmetic Act and that any state-law…

  4. Regulatory Oversight

    New Regulations Potentially on the Horizon for Synthetic Nicotine in 2022

    By Michael Jordan, Bryan Haynes

    On December 15, New Jersey Congresswoman Mikie Sherrill introduced the Clarifying Authority Over Nicotine Act of 2021 — a bipartisan bill designed to give the U.S. Food and Drug Administration…

  5. Regulatory Oversight

    North Carolina AG Opens Investigation Into E-Cigarette Maker Puff Bar

    By Michael Jordan, Chris Carlson, Agustin Rodriguez

    On November 16, North Carolina Attorney General Josh Stein launched a probe into e-cigarette maker Puff Bar and others, citing concerns of youth-appealing flavors, youth marketing, and poor age verification.…

  6. Drug & Device Law

    More Interesting Post-MDL IVC Rulings

    By Bexis

    Ever since our Bone Screw days, when we used the strategy to great effect, we’ve rooted for defendants undertaking to beat post-MDL remand plaintiffs in guerrilla litigation in numerous courts…

  7. The Daily Intake

    AAFCO Releases Position on Hemp in Animal Food

    By Keller and Heckman LLP

    On September 20, 2021, the American Association of Feed Control Officials (AAFCO) released a press statement in which it detailed its updated position on the regulation of hemp and hemp…

  8. Drug & Device Law

    No Comparison

    By Bexis

    We are watching the post-MDL-remand Bard IVC filter litigation with interest.  It bears some resemblance to the Bone Screw litigation of the late 1990s/early 2000s (except in Bone Screw, there…

  9. Drug & Device Law

    Recent Second Circuit Implied-Preemption Decision Confirms That A ‘Major Change’ Is A Big Deal In Pharmaceutical Litigation

    By Andrew Tauber

    We’ll get to the recent Second Circuit decision, Ignacuinos v. Boehringer Ingelheim Pharms., Inc., --- F.4th ----, 2021 WL 3438355 (2d Cir. 2021), in due course, but first some background.…

  10. Drug & Device Law

    Is Something Fishy Going On?

    By Bexis

    Back in the early days of the blog, when it was a Bexis/Herrmann operation, we wrote about the California Supreme Court decision that opened the floodgates to all that food…