Brand promotion may be seen as encompassing (at least) three distinct but overlapping modes:
(i) Advertising for the moment—the message is meant to drive immediate sales;
(ii) Advertising for post-sale burnishment—the message does more than sell products today, it builds
During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they
On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co.
While advertising off-label claims for medical devices and pharmaceuticals may be like sailing into stormy waters, companies might assume that advertising their products based on FDA-vetted labeling is, if not a safe harbor, at least a reasonably sheltered cove. The
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
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.”
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.
Recently my wife put on a few pounds and has gotten quite lazy or as she prefers to call it, pregnant.
Jim Gaffigan
How a concept is characterized can make a big difference in the way it is welcomed –
On January 26, 2015, the Federal Trade Commission filed a complaint in federal court against Texas-based Genesis Today, Inc., a marketer of dietary supplements; its branding subsidiary, Pure Health LLC; and its founder and CEO, Dr. Lindsay Duncan.