• 02.15.18

    Question Mark Leaves Court Questioning Defamation Claim

    Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited the reader to reach his or her own conclusion.

  • 02.15.18

    NAD: Allergy Medication Too Smart for Its Own Good

    Claims touting an allergy medication as “smart” or “wise” conferred a clinically meaningful benefit as compared to a competitor’s product and should be discontinued, the National Advertising Division (NAD) recently recommended.

  • 02.12.18

    Federal Transfer Tax Exemptions Increased … Temporarily

    With the passage of the Tax Cuts and Jobs Act (Reconciliation Act of 2017) on December 19, 2017 (the Act), Congress provided increased, albeit temporary, relief to taxpayers who otherwise might be subject to federal transfer taxes (i.e., Estate, Gift and Generation-Skipping Transfer Taxes).

  • 02.08.18

    Supreme Court Hits Pause on State Statutes of Limitation

    Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending.

  • 02.08.18

    FTC Keeps Its Hat On Over ‘Made in USA’ Claims

    Tipping its hat to the Enforcement Policy Statement on U.S. Origin Claims, the Federal Trade Commission (FTC) filed suit against Bollman Hat Co. and a subsidiary for deceiving consumers with “Made in USA” claims for its hats and third-party products. 

  • 02.08.18

    FDA, FTC Try to Stop Opioid Cessation Products

    Marketers of opioid cessation products received warning letters from the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), cautioning them about unproven claims for the treatment of opioid addiction and withdrawal.

  • 02.08.18

    Nationwide Class Dismissed by Illinois Federal Court

    Applying last year’s U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, an Illinois federal court dismissed nationwide class claims against NBTY, Inc., for lack of jurisdiction.

  • 02.08.18

    Supreme Court Rejects Spokeo Review

    Once was enough, the U.S. Supreme Court signaled when it denied a writ of certiorari filed by Spokeo, Inc., seeking further clarification on Article III standing.

  • 02.06.18

    DOJ Expands Opioid Enforcement Efforts Using Data Analytics

    On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug Enforcement Agency will “surge” agents and investigators to opioid “hot spots.”

  • 02.01.18

    CVS Puts Its Mark on Beauty Ads

    Citing a link between advertisements and an unrealistic body image, CVS announced that the national pharmacy chain will no longer use touched-up images in advertisements for its beauty products.

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