On October 5, 2012, the FDA issued warning letters to two beauty and personal products companies—including multinational giant Avon Products—objecting to promotional claims that the companies make in connection with their “cosmeceutical” products. In both cases, the
The Third Circuit’s decision in In re K-Dur Antitrust Litigation breathed new life into the FTC’s fight against pay-for-delay settlement agreements. Since that decision, the FTC has acted with renewed vigor and sought to attack these agreements on a number
The federal government both grants and restricts marketing advantages. For example, the patent protection and market exclusivity the government affords some pharmaceutical compounds lays the groundwork for a new drug to become a blockbuster brand. On the other hand, FDA
On October 1, 2012, the FTC issued its revised “Green Guides,” which “apply to environmental claims in labeling, advertising, promotional materials, and all other forms of marketing in any medium, whether asserted directly or by implication, through words,
The OIG’s report entitled Dietary Supplements: Structure/Function Claims Fail to Meet Federal Requirements analyzed structure/function claims that manufacturers may use on dietary supplement labels to promote their products.
A structure/function claim describes how an ingredient in the dietary supplement will
We have been following recent brand protection developments in the medical device sector, an effort challenged by the long shadows cast by the FDA. Two recent cases lead to an interesting paradox: A company harmed by FDA action may
Last Thursday, the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board refusing to register the logo “JPK PARIS 75” for handbags as a trademark because it was primarily
On September 30, 2012, United States District Judge Richard J. Sullivan ruled in favor of Merck Eprova AG (n/k/a Merck & Cie) in its 2007 false advertising lawsuit against Gnosis S.P.A. and Gnosis Bioresearch SA (“Gnosis”). See Opinion After
Geolocation technology has provided brand owners with a game-changing ability to engage consumers directly and selectively by allowing for advertising that is geographically and temporally relevant.
The application of geolocation technology to mobile devices, in particular, is yielding important results