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Results: 1-10 of 44

Ninth Circuit rejects First Amendment defense in wire fraud case regarding drug misbranding

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 8 2013

This is a follow-up to our post late last year on the Second Circuit decision in US v. Caronia, which overturned a defendant's off-label marketing

New Jersey federal court dismisses false advertising class action alleging a lack of substantiation

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 6 2013

Last month, in Gaul v. Bayer Healthcare LLC, the U.S. District Court for the District of New Jersey dismissed a class action lawsuit predicated on

Far-reaching PCA criminal indictments: a harbinger for things to come under FSMA?

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • February 28 2013

Last week, the Department of Justice brought a sweeping indictment against several former Peanut Corporation of America executives alleging egregious

Alabama Supreme Court holds brand-name drug manufacturer liable for ad representations made by generic drug manufacturer

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • January 28 2013

The Alabama Supreme Court recently held in Wyeth, Inc. v. Weeks, - So.3d -, No. 1101397, 2013 WL 135753 (Ala. Jan. 11, 2013) that a drug company may

FDA rule mandating graphic images on cigarette labels struck down by D.C. Circuit under the First Amendment

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • August 27 2012

On Friday, August 24, 2012, the D.C. Circuit upheld an earlier ruling by the D.C. District Court invalidating an FDA rule that would have required one of nine images to be displayed on every cigarette package

California court allows state law claims against Medtronic to proceed; rejects preemption argument

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • August 24 2012

The Superior Court for the County of Los Angeles ruled earlier this week in Cabana v. Stryker Biotech, LLC that a products liability action arising out of the off-label use of Medtronic’s INFUSE Bone Graft medical device could proceed by rejecting Medtronic’s summary judgment motion

California federal court denies federal preemption for cosmetics labeled as organic

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • August 20 2012

A recent decision in the U.S. District Court of the Northern District of California, Brown v. Hain Celestial Group, Inc., provides important insights into cosmetic and food product organic claims

U.S. Supreme Court upholds Affordable Care Act: significant aspects of Affordable Care Act for generic pharmaceutical companies

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 29 2012

On June 28, 2012, the U.S. Supreme Court upheld the Patient Protection and Affordable Care Act (Pub. L. 111-148

All sides appeal initial decision in FTC's POM Wonderful action

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 11 2012

We reported on May 23 on Chief Administrative Law Judge Chappell's initial decision in the FTC's action against POM Wonderful

Consumers file class action suit against JoS. A. Bank over sale pricing

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 7 2012

This week, consumers filed a class action lawsuit against JoS. A. Bank, alleging that the clothing company engages in deceptive advertising by misrepresenting its regular and sales prices, in violation of New Jersey law

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