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HTMLAscertainability Saps Plaintiffs’ Energy in Dietary Supplement Class Action
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 18, 2015, previously published on March 4, 2015
In the recent decision Mirabella v. Vital Pharmaceuticals, Inc., Case No. 12-62086-CIV-ZLOCH (S.D. Fl. Feb. 27, 2015) the plaintiffs attempted, but failed, to certify a nationwide class of all purchasers of an energy drink that allegedly caused harmful side-effects. The plaintiffs brought claims...

 

HTMLFaulty Damages Model Leads to Partial Decertification
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on November 21, 2014
On November 6, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted in part defendant Dole’s motion for decertification in Brazil v. Dole Packaged Foods, LLC. In May of 2014, the court had granted certification of classes under...

 

HTMLDole Defeats “All Natural Claims” for Sweet Victory
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 10, 2014
On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole’s motion for summary judgment of the plaintiff’s false labeling claims in Brazil v. Dole Packaged Foods, LLC. The court granted summary...

 

HTMLSummary of Par Pharmaceutical, Inc. v. TWi Pharmaceuticals, Inc., 2014-1391
Yoonhee Kim; Sughrue Mion PLLC;
Legal Alert/Article
February 17, 2015, previously published on December 3, 2014
On December 3, 2014, in Par Pharmaceutical, Inc. v. TWi Pharmaceuticals, Inc., the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) vacated the district court’s judgment of invalidity, holding that the district erred in determining inherency in the context of...

 

HTMLFOOD COURT REPORT: Brazil v. Dole
Douglas J. Behr, Arthur S. Garrett, Eric P. Gotting, Richard J. Leighton, Robert S. Niemann; Keller and Heckman LLP;
Legal Alert/Article
December 29, 2014, previously published on December 01, 2014
The U.S. District Court for the Northern District of California recently decertified a potential class of purchasers of a product labeled as “all natural” based on a finding that the plaintiffs’ damages expert could not demonstrate class-wide damages based on the “all...

 

HTMLFDA Issues Draft Guidance for Regulation of LDTs
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 30th, 2014 the U.S. Food and Drug Administration published the draft guidance entitled ”Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs)” (“Guidance”). The publication of the draft Guidance is the next step in FDA’s implementation of...

 

HTMLFDA Announces More Changes to FSMA Implementation Rules
Michelle Gillette, Dominique Windberg; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many reported incidents of food-borne illness during the 2000s.

 

HTMLFDA Outbreak Response Is Not a Constitutional Taking
Joseph F. Bermudez, Robert F. Roarke; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 8, 2014, previously published on October 1, 2014
Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by the U.S. Court of Federal Claims advises that compensation in such...

 

HTMLFDA Battles against Foodborne Illnesses
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
October 1, 2014, previously published on September 26, 2014
The U.S. Food and Drug Administration on Sept. 19, announced its updated proposed rules for improving food safety and preventing foodborne illnesses after receiving public comments.

 

HTMLFirst Case of Allergic Reaction to Pesticide Reported
Seth A. Katz; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 5, 2014
Scientists have determined people may suffer allergic reactions to antibiotics used as pesticides and sprayed on foods after a young girl ate a blueberry pie that had ingredients sprayed with pesticides. The young girl, who has several food and medicine allergies, suffered an anaphylactic reaction...

 


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