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15 Apr 2016, 6:30 am by Jason J. Kim and Andrew J. Peterson
The Ninth Circuit, home of the infamous “Food Court,” has now invoked that doctrine and has ordered the stay of a pending “natural” mislabeling class action in Kane v. [read post]
11 Jan 2022, 12:00 am by Kurt R. Karst
” The Court took pains to distinguish Hikma’s labeling and promotion from Teva’s in GSK v. [read post]
23 Aug 2011, 3:37 pm by rtruman
Record Labels Get Hollow Victory in MP3tunes Infringement Case :: Capitol Records v. [read post]
15 Oct 2018, 4:50 am by Lindsey A. Zahn
For example, 27 CFR 4.35(a)(2)(v) defines “vinted”—when used in the name/address statement on the label—to mean that “the named winery, at the stated address, subjected the wine to cellar treatment in accordance with §4.22(c). [read post]
19 Feb 2010, 4:10 am by Beck, et al.
In an (unfortunately) not-for-publication opinion, the 9th Circuit affirmed a defense summary judgment in Carson v. [read post]
15 Feb 2013, 11:29 am by Lisa Baird
Over at the Drug and Device Law Blog, there are several posts analyzing the meaning of the Second Circuit’s opinion in United States v. [read post]
11 Feb 2013, 2:57 pm by John J. Sullivan
  In any event, while some courts get caught up in this argument, others – like the court in Caplinger v. [read post]
23 Mar 2021, 6:00 am by Sarah Phillips
Warning letter language often states that the offending product is a: “new animal drug, as defined by section 201(v) of the FD&C Act, 21 U.S.C. 321(v), because it is not generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of animal drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling. [read post]