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At Reed Smith, we believe that the practice of law has the ability to drive progress. We know your time is valuable and your matters are important. We…
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Reed Smith LLP | 19 Nov 2020

No Pennsylvania duty to send 'Dear Healthcare Provider' letters

In a significant, albeit unpublished, decision, an intermediate appellate court in Pennsylvania has ruled that there is no recognised Pennsylvania common law 'duty' for prescription medical product manufacturers to send 'Dear Healthcare Provider' letters about label changes.
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Reed Smith LLP | 5 Nov 2020

Another supplement class action runs into primary jurisdiction

A recent proposed class action involved an alphabet soup of California consumer statutes and common law misrepresentation for four supplements made by the defendant that contained combinations of three chemicals. The gravamen of the complaint was that it was not legal to sell supplements in the United States containing such chemicals, particularly after the Food and Drug Administration had......
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Reed Smith LLP | 22 Oct 2020

We repeat – no second guessing the FDA

Pre-emption precludes private plaintiffs from second guessing Food and Drug Administration (FDA) decisions on the marketing and classification of the products that the agency regulates. Defence-side parties should take a close look at a recent case which draws together citations to many cases from different areas of the law that have prevented private plaintiffs from second guessing the FDA,......
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Reed Smith LLP | 8 Oct 2020

Failure-to-report claims: uphill battle

Most of the controversy in the recent decision in Hill v Bayer Corp revolved around whether the plaintiff could assert a cause of action for failure to report adverse product events to the Food and Drug Administration (FDA). The plaintiff's chief problem was that the contraceptive device she was suing over was FDA pre-market approved, thus providing the defendant with a strong pre-emption......
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Reed Smith LLP | USA | 5 Feb 2015

OBA principles have gone native

The Interest-Based Advertising Accountability Programme has released a compliance warning regarding the use of online-behavioural advertising (OBA) in conjunction with native advertisements. The warning states that native advertisements tailored to a consumer based on the consumer's browsing history (ie, OBA) must comply with the Self-regulatory Principles for Online Behavioural Advertising.
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Reed Smith LLP | USA | 20 Nov 2014

Controversial issues in television advertising: advocacy advertising

Companies must follow specific guidelines when developing television advertising. One such guideline involves controversial public issues in advertising. Networks will not sell time for advertising that presents a partisan position on a controversial public issue – a serious matter that has an impact on society or its institutions and on which different segments of the community have strongly......
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Reed Smith LLP | USA | 13 Nov 2014

FAA approves limited drone use for film and television productions

The Federal Aviation Authority (FAA) has approved certain uses of drones or unmanned aircraft systems in the National Airspace System for film and television productions. This is a breakthrough for the entertainment industry, but the FAA's approval is not without restriction.
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Reed Smith LLP | USA | 9 Oct 2014

Operation Full Disclosure – FTC targets advertising

The Federal Trade Commission recently issued a press release indicating that, following a review of many national television and print advertisements, warning letters have been sent to a number of companies – including some of the largest advertisers in the United States – noting that they had failed to make adequate disclosures in some of their advertising.
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Reed Smith LLP | USA | 28 Aug 2014

Massachusetts enhances protection for celebrities (and others) after death

The Massachusetts Senate has passed S 2022, beginning the process of joining 13 other states that prohibit companies from using celebrities' identities after they die. The bill amends the Massachusetts General Laws to create a post-mortem 'right of publicity' interest. In order to enjoy the bill's protection the personality must be domiciled in Massachusetts as of the date of his or her death.
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Reed Smith LLP | USA | 17 Jul 2014

Supreme Court rules Aereo in violation of copyright laws

The US Supreme Court has reversed a Second Circuit decision and held that Aereo's service of providing mini-antennae to its thousands of customers to receive over-the-air broadcasts counted as a public performance of those broadcasts under the Copyright Act. Essentially, it found, Aereo was no different from cable companies, whose ability to freely transmit programming is limited under the act.
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