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|Court Slams DOJ By Dismissing The Majority Of Indictment Against Fedex - Rules The Defense Does Not Have A Duty To Correct DOJ’s Mistakes|
Stephen C. Parker; Butler Snow LLP;
June 20, 2016, previously published on June 8, 2016In the ambitious and novel federal criminal prosecution of FedEx for alleged drug distribution conspiracy, Judge Charles R. Breyer recently ruled that defense counsel has no duty to correct government’s mistakes when negotiating with the government. The ruling came in a dispute over the...
|USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products|
Dominique Lee Windberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 23, 2016On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar products. In its news release, the agency explained...
|FDA Finally Decides that “Evaporated Cane Juice” Is Misleading Consumers|
Richard Maidman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on June 2, 2016Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves. However, newly finalized FDA guidance on use of the term “evaporated cane juice”...
|FTC Granted 2-Week Reprieve in Effort to Block Pennsylvania Hospital Merger|
Farrah Short; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 13, 2016The Federal Trade Commission (“FTC”) and the state of Pennsylvania have two weeks to persuade the Court of Appeals for the Third Circuit that the pending merger of Penn State Hershey Medical Center (“Hershey”) and Pinnacle Health System (“Pinnacle”) is...
|Just as the Comment Period for “Natural” Ends, FDA Announces Intent to Re-Examine What It Means to Be a “Healthy” Food|
Joanne S. Hawana; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 12, 2016As any company making and selling food products knows, late last year FDA requested information and comments regarding the appropriate use of the term “natural” for food ¿ the Agency asked what types of processing make that claim misleading, or does the food have to be completely...
|CPSC Reaches Second Civil Penalty Agreement in As Many Weeks; Sunbeam Products to Pay $4.5 Million to Resolve Late Reporting Allegations|
Matthew Cohen; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on June 6, 2016USCPSC RecallThe U.S. Consumer Product Safety Commission (CPSC) is set to announce yet another civil penalty settlement. Sunbeam Products d/b/a Jarden Consumer Solutions (Sunbeam or the Company) has agreed to pay a $4.5 million civil penalty to resolve charges that it knowingly failed to...
|European Antitrust Enforcers Move on Holders of Big Data|
Thomas Jestaedt; Jones Day;
June 16, 2016, previously published on May 2016Recent months have seen a surge of new initiatives by European antitrust enforcers applying competition law rules to holders and processors of "big data." Big data often is described as the accumulation of a significant volume of different types of data, produced at high speed from...
|FDA’s Deeming Rule Extends the Agency’s Authority over Tobacco Products|
Anna M. Wiand; GrayRobinson, P.A.;
June 8, 2016, previously published on May 11, 2016On May 05, 2016, the U.S. Food and Drug Administration (FDA) finalized the long awaited and slightly contentious rule: “Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act” (the “Deeming Rule”). The Deeming Rule extends the FDA's authority to...
|JFTC's Enhanced Cooperation in Enforcement with Foreign Competition Authorities|
Harukuni Ito, Yuichiro Mori, John C. Roebuck, Shinya Watanabe, Yuki Yoshida; Jones Day;
June 8, 2016, previously published on May 2016The Japan Fair Trade Commission (the "JFTC") has been working to enhance cooperation in enforcement with foreign competition authorities. In 2015 and 2016, the JFTC has executed agreements on enforcement cooperation with the Australian competition authority, the Australian Competition and...
|Confidentiality of Written Communications between Lawyer and Client In Accordance With Dow Decision|
Ecem Susoy Uygun; Erdem Erdem Law Office;
June 7, 2016, previously published on June 2, 2016Certain information and documents obtained during the investigations of the Competition Board (“Board”) may be based on the lawyer-client relationship. The extent of the information and documents based on a lawyer-client relationship protected within the framework of confidentiality...