Last Thursday, a panel of the Fifth Circuit affirmed a ruling from the Northern District of Texas partially enjoining a Texas company’s sale of ceremonial paddles decorated with the unlicensed insignia of 32 fraternities and sororities. In the lower court, a jury found the college organizations were lax in seeking to enforce their trademark rights … Continue reading
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 FDA asserted that the advertising claims in question demonstrate the products are unapproved new drugs under the Federal Food, … Continue reading
Companies advertising their food products as “all natural” to health-conscious consumers won a victory when two California federal judges held that labels describing food products as “all natural” were meant to describe the contents of the products and did not warrant the products’ quality. Class Action Trimmed On July 23, 2012, a California federal judge … Continue reading
Last week, the FDA announced plans to conduct two studies designed to explore how consumers understand and interpret efficacy representations made in “direct-to-consumer” (“DTC”) advertising for prescription drugs. See Notice. Clinical endpoints and composite scores Before introducing a new drug into the market, pharmaceutical companies must prove the safety and efficacy of that drug through … Continue reading