Topic
Product Labeling
132 published works
Life Sciences Legal Update
Insurance Coverage Considerations for Alleged Mislabeling of Herbal and Dietary Supplements
By Lisa Baird
In the wake of the New York Attorney General's recent enforcement actions against four major retailers who allegedly sold herbal supplements that did not contain labeled ingredients or contained ingredients…
All About Advertising Law
When a Survey Isn’t Asking For Your Opinion: A Time-Sensitive Requirement for Those Doing Business in California
By Michelle C. Jackson, Matthew S. Poliner*
Companies doing business in California must now complete a comprehensive “survey” if selling particular products to consumers within the state. However, this is not your typical consumer satisfaction survey, but…
Product Liability & Mass Torts Blog
“Made in the USA” Continues to be Fodder for Class Action Lawsuits
By Mishan Wroe
“Made in the USA” does not necessarily mean the same thing outside of California. In a recent decision, Paz v. AG Adriano Goldschmied Inc., a federal judge refused to dismiss…
Antitrust Law Blog
Beginning to Close the POM Circle? – POM Wonderful and Drug Advertising: JHP Pharmaceuticals
Earlier this year, in POM Wonderful LLC v. Coca-Cola Co.,[1] the Supreme Court examined the interaction between the Lanham Act’s prohibition against false advertising and the FDCA’s prohibition against food,…
ContractsProf Blog
Smoking and the Dangers of Disclosure
The NYT had an article about e-cigarette label warnings today that was eerily appropriate given our symposium on Omri Ben-Shahar and Carl Schneider's book, More Than You Wanted to Know: …
Retail Trend Spotter
New Updated FTC Care Labeling Rules: “Do’s and Don’ts”
The Federal Trade Commission (“FTC”) enforces federal labeling requirements that require manufacturers, importers, sellers and distributors of certain textile and wool clothing to accurately label their products. For example, FTC…
Food Liability Law
POM Also Thinks Justice Kennedy Wonderful (Indeed, his colleagues, too)
In its much-anticipated decision, the United States Supreme Court last week declared that the Federal Food, Drug and Cosmetic Act and the federal Lanham Act can coexist side-by-side. In other…
IP Intelligence
Lanham Act Claims for Misleading Product Description Can Coexist with FDCA Labeling Regulations, Court Finds
A unanimous Supreme Court (8-0, Justice Breyer recusing) ruled on June 12, 2014 in POM Wonderful v. Coca-Cola that one competitor may sue another for unfair competition under the Lanham…
Drug & Device Law
Ten Useful Points on Country of Origin
By Bexis
This post is a little different. For one thing it’s more or less a rehash of a post by Jeff Orenstein, one of Reed Smith’s regulatory enforcement types, on one of the firm’s “branded”…
Food Liability Law
A “Vibe” is Not Enough: Ben & Jerry’s “All Natural” Case Loses Class Certification
You'll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn't connected by any chance with the letters of transit. It…