Tag Archives: fda

compounding pharmacy must face drugmaker’s Lanham Act claims based on false 503B compliance statements

Posted on August 17, 2026 by rtushnet

Pacira BioSciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-cv-05552-CMC, 2026 WL 2267750 (D.S.C. Aug. 6, 2026) Pacira sells an FDA-approved pain management drug called EXPAREL. Nephron allegedly made various false and misleading statements about two of Nephron’s competing … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Novo struggles once again to allege deception by sellers of compounded drugs

Posted on August 13, 2026 by rtushnet

Novo Nordisk v. Zealthy Inc., 2026 WL 2212889, No. 25-cv-06391 (ALC) (S.D.N.Y. Jul. 31, 2026) Novo Nordisk makes the FDA-approved Ozempic, Rybelsus, and Wegovy, while Zealthy markets and facilitates access to drug products, including compounded medications containing semaglutide. Novo alleged … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

FDCA mostly preempts claims against ineffective decongestant

Posted on August 12, 2026 by rtushnet

Yousefzadeh v. Johnson & Johnson Consumer Inc., — F.4th —-, 2026 WL 2192415, Nos. 24-3296 (L), 25-119 (CON) (2d Cir. Jul. 30, 2026) Oral phenylephrine (oral PE), used in popular products as Nyquil Severe Cold & Flu, Advil Sinus Congestion … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Chobani’s “zero sugar” yogurt with allulose violates FDA regs despite FDA’s nonenforcement; 7th Circuit reverses preemption ruling

Posted on August 10, 2026 by rtushnet

Franco v. Chobani, LLC, No. 25-2087 (7th Cir. Jul. 27, 2026) Federal law requires that foods advertised as sugar free contain less than a half gram of sugar. Chobani sold Chobani Zero Sugar Yogurt, but it included four grams per … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

9th Circuit reverses dismissal where plaintiff plausibly alleges that an ingredient is non-natural flavoring

Posted on May 26, 2026 by rtushnet

Trammell v. KLN Enterprises, Inc., No. 24-6097 (9th Cir. May 15, 2026) Perfect summary: The defendant company in this case represented to consumers that its berry snacks product contained no artificial flavors. The plaintiff bought the product believing the representation … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

high sugar content doesn’t make “Breakfast Essentials” name or health claims misleading

Posted on May 22, 2026 by rtushnet

Testori v. Nestlé Health Science US Holdings, Inc., — F.Supp.3d —-, 2026 WL 1282540, No. 1:25-cv-01318-JLT-CDB (E.D. Cal. May 11, 2026) The court dismissed California claims against Carnation Breakfast Essentials Nutritional Drink. The drink label highlighted its 10g of protein … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 30, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 22, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Reading list: consumer protection and the industries who regularly sue their regulators

Posted on November 5, 2025 by rtushnet

Nicholas R. Parrillo, Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have George Washington Law Review, Vol. 93, No. 5, pp. 1031-1195 (2025)  Abstract: For some … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

claims about scientific studies might imply FDA approval

Posted on October 21, 2025 by rtushnet

BioGaia USA, LLC v. Probiotiv Naturals LLC, 2025 WL 2946910, No. CV 25-3592 PA (MBKx) (C.D. Cal. Sept. 5, 2025) BioGaia sued Probiotiv – a competitor in the sale of priobiotic dietary supplements for oral health, for false advertising; Probiotiv … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment