Update: 2d Circuit denies split in Church & Dwight and Apotex rulings

By Andre Hanson (US) on December 19, 2016 Posted in Advertising

On December 2, 2016, the United States Court of Appeals for the Second Circuit denied rehearing by the Panel and rehearing en banc. On December 5, 2016, the Court withdrew its previous opinion, which was to have been published with the reporter cite 836 F.3d 153, and directed that it will be republished as an … Continue reading

Second Circuit may address apparent Apotex/Church & Dwight split

By Andre Hanson (US), Robert Rouder (US) and Saul Perloff (US) on November 2, 2016 Posted in Advertising

In our September 28, 2016 blog post, and subsequent Law360 Article, we reported that an internal Second-Circuit split had arisen regarding the deference owed to allegedly false and misleading pharmaceutical/medical device advertising where the FDA had considered and approved similar claims for labeling. The earlier decision involved in the split, Apotex, Inc. v. Acorda Therapeutics, Inc. 823 F.3d 51 (2d … Continue reading

Intra-Circuit split should give advertisers pause

By Robert Rouder (US), Andre Hanson (US) and Saul Perloff (US) on September 28, 2016 Posted in Advertising

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 recent Second Circuit decision in Church & Dwight Co. Inc., v. SPD Swiss Precision Diagnostics, … Continue reading