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HTMLFederal Circuit Clarifies Intent Standard and Burdens of Proof Required to Prove False Patent Marking Claims
Steven M. Bauer, Daniel J. Bernstein, Joseph A. Capraro, Anthony C. Coles, Justin J. Daniels, Evan L. Kahn, Jeremy P. Oczek, Kenneth Rubenstein, James H. Shalek, Baldassare Vinti; Proskauer Rose LLP;
Legal Alert/Article
June 24, 2010, previously published on June 15, 2010
The Federal Circuit issued a much anticipated decision concerning what must be shown to prove false patent marking claims. Matthew A. Pequignot v. Solo Cup Company, No. 2009-1547 (Fed. Cir. June 10, 2010). Prior to this decision, the burdens of proof concerning the “intent to deceive”...

 

HTMLNew Federal Law Requires Nutrition Disclosure by Restaurants
Martha L. Perkins; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
June 4, 2010, previously published on May 24, 2010
The federal Patient Protection and Affordable Care Act ("Act"), signed into law by President Obama on March 23, 2010, includes a provision that creates a single national nutrition disclosure standard for certain restaurants. The nutrition disclosure provision, which is found in Section...

 

HTMLNew Calorie Labeling Law Will Apply to Franchises
Larkin Hoffman Daly & Lindgren Ltd.;
Legal Alert/Article
May 19, 2010, previously published on May 10, 2010
A major issue facing franchisors and franchisees alike has been the differing state requirements with regard to nutritional labeling of food products. These laws present a significant challenge to franchisors that operate on a national basis and are required to comply with regulations that are...

 

Adobe PDFAnother Collision at the FFDCA and Lanham Act Intersection
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
May 19, 2010, previously published on May 12, 2010
Private litigants recently were warned once again of the U.S. Food and Drug Administration’s right of way at the intersection of the Federal Food, Drug, and Cosmetic Act’s misbranding terms and the Lanham Act’s false advertising provisions.

 

Adobe PDFFDA Requests Comments and Information on Front-Of-Package Labeling Systems
Clausen Ely, Miriam J. Guggenheim, Peter Barton Hutt, Eugene I. Lambert, Jerry Masoudi; Covington & Burling LLP;
Legal Alert/Article
May 6, 2010, previously published on April 29, 2010
Today the Food and Drug Administration (FDA) announced a request for data on point-of-purchase nutrition information, including front-of-package (FOP) labeling.1 FDA and the United States Department of Agriculture (USDA) are working with public and private stakeholders to develop a voluntary FOP...

 

Adobe PDFThe Origin of the Specious: Views from the Evolving Rum Wars
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
April 23, 2010, previously published on April 8, 2010
What is a misrepresentation of “geographic origin” under Lanham Act Section 43(a)? The subject is discussed at length in the latest of the seemingly endless Havana Club rum cases, but there still is no definitive answer.

 

Adobe PDFIOM Committee Holds Public Workshop Regarding Front-Of-Package Labeling Systems
Miriam J. Guggenheim, Jennifer Schwartz; Covington & Burling LLP;
Legal Alert/Article
April 22, 2010, previously published on April 12, 2010
As a step toward clearing up consumer confusion, and in response to a congressional directive, the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) asked the Institute of Medicine (IOM) to undertake a review of front-of-package (FOP) nutrition rating...

 

HTMLK-Line at the Supreme Court: Kirby Revisited After Rowe
Mark J. Andrews; Strasburger & Price, LLP;
Legal Alert/Article
April 22, 2010, previously published on March 30, 2010
To anyone in the carrier community who might have thought the U.S. Supreme Court would use the K-Line case for a summary smackdown of Sompo, the divergent views expressed by the Justices at the K-Line oral argument on March 23, 2010 must have been a disappointment. There will be no single-sentence...

 

HTMLRegulation and Clearance Procedures for Food Packaging Materials in the People's Republic of China
John S. Eldred, Devon Wm. Hill, Mark Thompson; Keller and Heckman LLP;
Legal Alert/Article
March 25, 2010, previously published on March 15, 2010
The Chinese Ministry of Health (MOH) recently released the official guidelines and clearance procedures for unapproved food-contact substances currently in use in China, and is now accepting applications via what we have termed a "grandfathering" process. Chinese authorities are now...

 

HTMLFDA Communicates to Industry about Labeling Violations
Brian E. Dickerson, Ronald B. Lee, Moira H. Pietrowski, Jonathan R. Secrest; Roetzel & Andress A Legal Professional Association;
Legal Alert/Article
March 19, 2010, previously published on March 2010
On March 3, 2010, the U.S. Food and Drug Administration (FDA) issued a press release and their Commissioner Margaret Hamburg issued an open letter to the food industry concerning correct labeling of food products. These came after an October 2009 statement by Commissioner Hamburg advising companies...

 


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