As we reported last August, US District Judge Paul Engelmayer ruled that Amarin Pharma has a First Amendment right to truthfully promote its prescription drug Vascepa for off-label uses. August 10, 2015, article. Shortly afterward, Amarin and the government
Eleventh Circuit accepts viability of contributory false advertising claims
In an opinion concerning “a question of first impression,” the Eleventh Circuit has held that a plaintiff may bring a claim for contributory false advertising under § 43(a) of the Lanham Act. Duty Free Americas, Inc. v. The Estee Lauder
Amarin wins injunction against FDA over off-label marketing
In June, we wrote about Amarin Pharma’s suit asking a federal court to hold that the FDA’s prohibitions on off-label promotion as applied to “speech Amarin proposes to make and [doctors] wish to receive” about its product Vascepa® “are unconstitutional.”
Court declines to extend Lanham Act to standard setting organization’s disciplinary activities
In a recently unsealed opinion, the U.S. District Court for the District of Columbia granted summary judgment to the Certified Financial Planner Board of Standards (CFP Board), on a Lanham Act false advertising claim brought by plaintiffs alleging that the
FDA releases final guidance for size, shape and other physical attributes of generic drugs
On June 18, 2015, the FDA issued its final guidance regarding Size, Shape, and Other Physical Attributes of Generic Tablets and Capsules. June 2015 Guidance. The final guidance is largely the same as the draft guidance FDA released in
FDA seeks to appease drug company in off-label marketing dispute
The FDA has long treated off-label marketing – the promotion of drugs for uses that have not received FDA approval – as evidence of intent to violate the “misbranding” provisions of the Food, Drug and Cosmetic Act (“FDCA”), 21 U.S.C.
Lawsuit accuses MillerCoors of falsely advertising Blue Moon as a “Craft” beer
A proposed class action lawsuit filed in San Diego County (California) Superior Court accuses MillerCoors LLC of engaging in deceptive and misleading advertising and violating California’s Consumer Legal Remedies Act by describing its Blue Moon beer as an “Artfully Crafted”
Alamo trademark settlement creates uncertainty for Texas businesses
A recent consent order confirms that, as the owner of the Alamo, the state of Texas also owns the mission’s image and can restrict others from using its distinctive silhouette to sell commercial products.
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On April 30, 2015, US
Cybersquatting and political campaigns: No laughing matter
As the number of 2016 presidential contenders begins to swell, an issue that often accompanies political campaigns has reared its ugly head.
It’s political cybersquatting. Consider this recent Lady Liberals’ Facebook post:
What’s in a name? That which we call
Regulators Asked to Ban Use of “Diet” on Soda Labels
On Thursday, the consumer advocacy group, U.S. Right to Know (RTK), asked the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) to prohibit the Coca Cola Company and PepsiCo Inc. from using the allegedly “deceptive” term “diet”