Tag Archives: fda

Republication of online articles was commercial speech and not protected by CDA

Posted on October 26, 2016 by rtushnet

Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging.  The sugar industry and the corn refining industry accused each other of falsely advertising  high-fructose corn syrup (HFCS).  Plaintiffs were … Continue reading →

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Cheerios Protein name might be more bluff than buff

Posted on August 15, 2016 by rtushnet

Coe v. General Mills, Inc., No. 15-cv-05112, 2016 WL 4208287 (N.D. Cal. Aug. 10, 2016) Plaintiffs alleged the name “Cheerios Protein” was misleading because it implied that the product is essentially the same as Cheerios, only with added protein. Cheerios … Continue reading →

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Reading list: the First Amendment and the FDA

Posted on July 26, 2016 by rtushnet

Christopher Robertson, A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming, __ Ohio State Law Journal __ (2017) Abstract: Scholars, advocates, and courts have begun to recognize a First Amendment … Continue reading →

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Primary jurisdiction doesn’t defeat supplement false advertising claim

Posted on July 13, 2016 by rtushnet

Nutrition Distribution LLC v. Custom Nutraceuticals LLC, No. CV-16-00173, 2016 WL 3654277 (D. Ariz. Jul. 8, 2016) The parties compete in the nutritional supplement market; defendant Custom sells Ostarine, a selective androgen receptor modulator (“SARM”) with effects similar to those … Continue reading →

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Second Circuit narrowly interprets materiality for Lanham Act purposes

Posted on May 18, 2016 by rtushnet

Apotex Inc. v. Acorda Therapeutics, Inc., — F.3d —-, 2016 WL 2848911, No. 14–4353–cv (2d Cir. May 16, 2016)   The parties compete to make tizanidine, a drug for treating spasticity. Apotex alleged that Acorda (i) filed a sham citizen … Continue reading →

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Cal. court sensibly rejects Fourth Circuit’s GNC rule on consumer protection claims

Posted on April 22, 2016 by rtushnet

Mullins v. Premier Nutrition Corp., 2016 WL 1534784, No. 13-cv-01271 (N.D. Cal. Apr. 15, 2016) This case revisits an issue with which courts have struggled: when consumer plaintiffs plead that a product advertised as clinically proven isn’t, is that a … Continue reading →

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Flagging supplement case revived

Posted on April 22, 2016 by rtushnet

ThermoLife Intern., LLC v. Gaspari Nutrition Inc., — Fed.Appx. —-, 2016 WL 1460171, No. 14–15180 (9th Cir.  Apr. 14, 2016)   ThermoLife sued Gaspari (GNI) false advertising under the Lanham Act and unfair competition under Arizona common law, based on … Continue reading →

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announcing product launch and pricing can be false advertising if no launch occurs

Posted on April 7, 2016 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1271082, No. 3:14CV00016 (W.D. Va. Mar. 29, 2016)   Concordia bought the Donnatal line of pharmaceutical products from former plaintiff PBM. Donnatal is a prescription line of combination phenobarbital and belladonna … Continue reading →

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What’s in a name? A false advertising suit against a generic drug maker

Posted on March 23, 2016 by rtushnet

Endo Pharmaceuticals, Inc. v. Actavis, Inc., 2016 WL 1090356, No. 12-cv-7591 (D.N.J. Mar. 21, 2016)   Endo sued Actavis under federal and state law for allegedly falsely marketing a generic form of oxymorphone hydrochloride extended-release tablets. The court got rid … Continue reading →

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Advertising law at Cardozo

Posted on February 26, 2016 by rtushnet

Cardozo Law Conference: New Impressions of Advertising Law   Panel 1: False Advertising (herein of Pom Wonderful v. FTC) Moderator: Brett Frischmann | Professor and Director, Cardozo Intellectual Property & Information Law Program, Benjamin N. Cardozo School of Law   … Continue reading →

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