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HTMLFDA Expands and Clarifies Its Good Reprint Practices Guidance
Joseph W. Cormier, Anne K. Walsh; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 6, 2014, previously published on March 2, 2014
It was a big day in January 2009 when FDA finally issued guidance for manufacturers governing the distribution of medical journal articles and reference publications. While some guidance was better than no guidance, FDA received several comments asking for clarification on how the principles...

 

HTMLFTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'
Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
March 4, 2014, previously published on February 28, 2014
On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive...

 

HTMLComity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 19, 2014
In Murray v. Sears, Roebuck and Co., No. C 09-5744, 2014 WL 563264 (N.D. Cal. Feb. 12, 2014), the U.S. District Court for the Northern District of California denied a motion for class certification that was practically identical to a motion brought in the U.S. District Court for the Northern...

 

Adobe PDFA Guide to FDA Postmarketing Submission Requirements and Reporting Interactive Promotional Media
Cynthia J. Larose, Jonathan P. Ursprung; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 25, 2014, previously published on February 21, 2014
As part of existing FDA postmarketing reporting requirements, manufacturers, packers, and distributors that are FDA applicants or that act on behalf of FDA applicants (for simplicity, “Applicants”) are required to submit all promotional labeling and advertising pieces at the time of an...

 

HTMLComplaint from BBB Triggers HarperCollins COPPA-Compliance Measures
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 21, 2014, previously published on February 20, 2014
The Children’s Advertising Review Unit (CARU) announced (press release) that it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect the...

 

HTMLMisleading Advertising - Competition Bureau’s Enforcement Priorities
Dominic Thérien; McCarthy Tétrault LLP;
Legal Alert/Article
February 17, 2014, previously published on February 14, 2014
On February 4, 2014, Lisa Campbell, Deputy Commissioner of the Fair Business Practices Branch, and Sophie Beaulieu, Competition Law Officer, participated in a lunch seminar at McCarthy Tétrault’s Montreal office to discuss the Competition Bureau’s current enforcement priorities...

 

HTMLCDRH Releases 2014-2015 Strategic Priorities
Jennifer D. Newberger; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
February 14, 2014, previously published on February 12, 2014
On February 5, 2014, CDRH released its 2014-2015 Strategic Priorities, in which it stated that the most important areas of focus over the next two years will be to “strengthen the clinical trials enterprise,” “strike the right balance between premarket and postmarket data...

 

HTMLFTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle
Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
February 11, 2014, previously published on February 6, 2014
Nissan North America, Inc. and the advertising agency that designed a television advertisement for the Nissan Frontier pickup truck have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising in a 30-second ad demonstrating how a Frontier can push a dune buggy up a steep...

 

HTMLRecent Rulings Highlight Risks of Shareholder Clawbacks, Capped Credit Bids for Distressed Investors; Appeals Pending
Adam H. Friedman, Jonathan T. Koevary, Mitchell Raab; Olshan Frome Wolosky LLP;
Legal Alert/Article
February 10, 2014, previously published on February 2014
A pair of Bankruptcy Court rulings last month, Weisfelner v. Fund 1 (In re Lyondell Chemical Co.,), Adv. Proc. Case No. 10-4609 (REG) 2014 WL 118036 (Bankr. S.D.N.Y Jan. 14, 2014) and In re Fisker Automotive Holdings, Inc.,Case No. 13-13087 (KG) (Bankr. D. Del. Jan. 17, 2014), address two of the...

 

HTMLFashion Documentaries: A Fashion Do
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 14, 2014
Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction. Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and...

 


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