AG/FDA Blog

Upcoming Webinar: Avoiding the Food Labeling Class Action Trap

The food and beverage industry is facing an unprecedented number of threats from class action cases alleging misleading labeling and advertising. Approximately two new lawsuits against manufacturers, distributors and retailers were filed each week in… Read More
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“Milk” Comes from Breasts/Udders

According to the Wall Street Journal: “Organic milk sales have cooled as the very shoppers who drove demand for the specialty product not long ago move on to newer alternatives, leaving dairy sellers and producers grappling with oversupply….Now,… Read More
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OFW Founder Rick Frank Named Agriculture Lawyer of the Year by Finance Monthly

Washington, DC – Wednesday, August 30, 2017 – OFW Law is pleased to announce that one of its founding principals, Richard L. Frank, has been recognized as the Agriculture Lawyer of the Year in the 2017 edition of the Finance Monthly Global Awards… Read More
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Splitting Headaches for Slack-Fill Plaintiffs

“Take two Advil® and don’t call me in the morning.” That might be the “prescription” that lawyers at a New York plaintiffs’ firm gave to their clients after reviewing an October 18, 2016, decision by Senior District Court Judge Sterling… Read More
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FDA Draft Guidance on Menu Labeling

This article was last updated on September 16 at 11 AM. The U.S. Food and Drug Administration (FDA) has issued a draft guidance document on its menu labeling rule.  Draft Guidance for Industry: A Labeling Guide for Restaurants and Retail Establishm… Read More
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OFW’s Bruce Silverglade to Participate at FDLI Food Advertising and Litigation Conference

OFW Law’s Bruce Silverglade will be a featured speaker at that Food and Drug Law Institute’s annual “Food Advertising and Litigation” conference on September 24, 2015, in Chicago, Illinois.  Mr. Silverglade will participate in a panel discus… Read More
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Who Regulates the Advertising of Your App?

We have blogged and hosted numerous webinars on FDA regulation of mobile medical apps (see here, here, here, here and here); but if you are an app developer, you should be aware that FDA is not the only agency looking at your app.  The Federal… Read More
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Consumer-Directed Promotions About Prescription Drugs: A Look Back at Print and TV Communications

OFW Law Celebrates 35 Years of Successes in Drug/Healthcare Privacy Practices (Part VI) By Tish Eggleston Pahl In celebrating 35 years of practice, OFW Law’s Drugs, Biologics, and Controlled Substances and Healthcare Privacy practice groups are ta… Read More
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Supreme Court Holds FD&C Act Does Not Bar Competitor Food Label Challenges under the Lanham Act

By Michael J. O’Flaherty and Stewart D. Fried In a recent opinion delivered by Justice Kennedy (with Justice Breyer recused), the U.S. Supreme Court unanimously held that competitors may bring Lanham Act claims challenging food labels, even… Read More
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HIPAA, the TCPA and Robodialing

Over the past several months, we have received several questions regarding how HIPAA interacts with the FCC’s implementation of rules under the Telephone Consumer Protection Act (TCPA).  Specific questions center around when authorization may be r… Read More
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