Fourth Circuit Adopts “Falsity” Standard That Favors Consumer Choice

July 14, 2015

Last month, the Fourth Circuit ruled that plaintiffs cannot maintain false advertising claims if they allege that scientific consensus generally weighs against the defendants’ advertising claims; instead, claims will only survive a motion to dismiss if the plaintiffs plead that all reasonable experts agree that defendant’s representations about its product were false. Brown v. GNC Corp. (In re GNC Corp., Triflex Prods. […]

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You Had Me at Merlot: Court Admits Materials Science Testimony in Faulty Wineglass Suit

July 8, 2015

In case you missed it, a Colorado federal court recently held, in Lamoure v. Libbey that a materials scientist could testify as to what caused a piece of stemware to crack and severely injure a restaurant owner in a manufacturing defect suit. Okay, not as earth-shattering as the contemporaneous Supreme Court rulings (only wineglass-shattering), but highly consequential […]

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Amarin Responds To FDA Claims

July 3, 2015

Just this week, I blogged about the FDA’s letter and opposition in response to Amarin Pharma, Inc.’s complaint challenging regulations that prohibit the distribution of “off-label” information.  See June 30 Blog.  On Tuesday, the pharmaceutical company filed a reply in response, attacking the FDA’s actions, claiming that the FDA’s June 5th letter and opposition are […]

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FDA Responds On Claims Regarding Distribution Of Off-Label Information

June 30, 2015

Last month, I blogged on Amarin Pharma, Inc.’s complaint against the FDA challenging the agency’s regulations that prohibit the company from disseminating information about a drug’s “off-label” use.  See May Blog.  Since then, the FDA sent Amarin a response letter, which the agency argues greatly narrows the issues before the Court.  In addition, just last week, the […]

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California Federal Court Declines to Apply Primary Jurisdiction Doctrine to False Advertising Class Action

June 24, 2015

On June 18, 2015, a California federal judge denied a motion by Gerber Products Co. (“Gerber”) seeking to dismiss a putative class action for false advertising an infant formula based, in part, on the primary jurisdiction doctrine.  The court disagreed with Gerber’s argument that the issues raised by plaintiffs in the lawsuit were best left to the U.S. Food and Drug Administration […]

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