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Results:1-10 of 476

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

Still No Causation, Still No “Parallel Claim”
  • Reed Smith LLP
  • USA
  • May 31 2018

We have made it no secret that we think the Ninth Circuit wrongly decided Stengel v. Medtronic. That is the case where the Ninth Circuit reversed

Food Labeling Update
  • McGuireWoods LLP
  • USA
  • April 24 2018

One ongoing dispute in the world of food labeling has been the U.S. Food & Drug Administration's efforts to define the term "natural." After years of

Escobar The Sequel? Perhaps Coming Soon to SCOTUS
  • Vinson & Elkins LLP
  • USA
  • April 19 2018

On April 16, 2018, the Supreme Court called for the views of the Solicitor General (or “CVSG”) as to whether it should review the Ninth Circuit’s

M.D. Florida Shoots Down All Breast Implant Claims Except for Negligent Manufacturing Defect
  • Reed Smith LLP
  • USA
  • March 7 2018

Last year’s list of the Ten Worst DDL cases was remarkable because all ten decisions came from appellate courts. Yikes. And it is not as if the bad

Materiality Part II: Government Knowledge
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 3 2018

This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal

It’s Only “Natural:” Avoiding the Risk of Consumer Lawsuits Over Food Labels
  • Verrill Dana LLP
  • USA
  • December 6 2017

Americans are increasingly sensitive to the ingredients that go into the food that we eat. Recently, Congress passed a law requiring manufacturers to

FDA Issues New Warning Letters To Four CBD Products Companies
  • GrayRobinson PA
  • USA
  • November 2 2017

The U.S. Food and Drug Administration (FDA) announced on November 1, 2017, that it sent warning letters to four companies accused of making false

9th Circuit Delivers Sweet Victory to Soft Drink Advertisers
  • Venable LLP
  • USA
  • October 6 2017

San Francisco found itself in a sticky situation after the Ninth Circuit struck down a city ordinance that would have required soda companies and

Litigation Update: Ninth Circuit Stays Mandate to allow Gilead to Seek Cert on Key Post-Escobar Issues
  • Vinson & Elkins LLP
  • USA
  • October 6 2017

We reported previously on yet another implied certification case raising significant questions about materiality and falsity in the post-Escobar world