The Second Circuit recently held that scientific opinions voiced during debate of unsettled questions generally cannot support false advertising or de
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Consumer Fraud Claim on “All Natural” Beverage Rejected
One trend we are keeping an eye on here at MassTortDefense is plaintiffs’ aggressive and excessive use of consumer fraud act claims, micro-analyzing e…
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State Committee Misses Opportunity for Class Action Reform
Readers of MassTortDefense recognize that one of the most challenging jurisdictions for potential class actions defendants is California, given the su…
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House Hearing on Food Marketing to Kids — Seller Beware
Two subcommittees of the House Energy and Commerce Committee, the Subcommittee on Commerce, Manufacturing, and Trade and the Subcommittee on Health, h…
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FDA Proposes Regs on Direct-to-Consumer Prescription Drug Ads
The Food and Drug Administration has proposed to amend its regulations concerning direct-to- consumer (DTC) advertisements of prescription drugs. Spec…
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Device Group Comments on FDA Draft Guidance on Risk Information
Readers of MassTortDefense know how FDA regulatory treatment of advertising and promotion can impact product liability litigation involving drugs and …
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Senate Panel Holds Hearing on DTC Advertising of Medical Devices
The U.S. Senate Special Committee on Aging held a hearing last week to examine issues related to direct-to-consumer (DTC) advertising for medical devi…
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