That is the issue raised by a fight between two laboratories that perform sophisticated analyses of urine for the presence of drugs in order that physiacists (pain doctors) might manage patient compliance with opioid dosing.
On November 13, 2012, Sterling Jewelers filed a complaint charging its competitor, Zale Corporation, with false advertising under the Lanham Act and deceptive trade practices under Ohio law. Sterling operates 1,300 jewelry stores under the Kay Jewelers and Jared
The 7UP product line is the latest food or beverage the Center for Science in the Public Interest (CSPI) has sued under its now-familiar model of private enforcement. The 7UP brand is part of the Dr. Pepper Snapple
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
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
As we previously reported, K-V Pharmaceutical and its THER-Rx subsidiary (“KV”) sued the FDA in an effort to compel the agency to enforce KV’s market exclusivity for its drug, Makena®. At the center of the case, was the
Last month, The Public Health Advocacy Institute (PHAI) filed a complaint with the FTC alleging that Merck & Company’s marketing of its pediatric Claritin® products violate FTC precedent concerning promotional campaigns directed toward children.
The promotion in question concerns OTC