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Ninth Circuit Affirms Federal Preemption Over Dietary Supplement Claims
  • Reed Smith LLP
  • USA
  • January 17 2019

We have taken a daily multivitamin ever since our doctor told us that we were chronically deficient in a particular vitamin, the one you can get from


False Claims Act, Government Fraud, & Qui Tam Litigation
  • Winston & Strawn LLP
  • USA
  • January 11 2019

On December 21, 2018, the U.S. Department of Justice (“DOJ”) released its annual False Claims Act (“FCA”) recovery statistics and announced that it


Amongst FDA SOI Conversation, Ninth Circuit Agrees Consumers Are Not Misled by Plant-Based Milks
  • Keller and Heckman LLP
  • USA
  • January 9 2019

The Ninth Circuit upheld the dismissal of a proposed class action that alleged Almond Breeze almond milk is mislabeled and instead should be labeled


Breaking News - Arizona Supreme Court Repudiates Stengel
  • Reed Smith LLP
  • USA
  • December 18 2018

We’ve always hated the Ninth Circuit’s decision in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013) (applying Arizona law), holding that


Food and Supplement Labels May Mislead Consumers Even When They Comply with Federal Labeling Regulations
  • Carr McClellan
  • USA
  • December 10 2018

Protein content plays an increasingly important role in the marketing of food products and supplements. A recent Ninth Circuit decision addressed the


The Solicitor General Provides an Unexpected and Quicker Path to Victory for Gilead
  • Crowell & Moring LLP
  • USA
  • December 3 2018

Over seven months ago, the Supreme Court asked the Solicitor General for the views of the United States in Gilead Sciences, Inc. v. United States ex


DOJ Announces to the Supreme Court That it Will Seek to Dismiss False Claims Act Case, and Affirms Position on Materiality Under Escobar
  • Mintz
  • USA
  • December 3 2018

The United States Department of Justice (DOJ) filed an amicus curiae brief with the Supreme Court on November 30, 2018 in a closely watched False


Ninth Circuit Reconsidering San Francisco Soda Health Warning
  • Seyfarth Shaw LLP
  • USA
  • November 14 2018

One of the latest efforts by a municipality to address public health concerns by requiring warnings on certain products may be revived depending on


“I’ll Be Back;” Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and Warranty Claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 18 2018

In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely


Appeals court rejects claim based on consumption of partially hydrogenated oils
  • DLA Piper
  • USA
  • August 20 2018

On August 10, the US Court of Appeals for the Ninth Circuit rejected a case brought by a consumer who had eaten products containing partially