Recapping Round 1 of the Vermont GMO-Labeling Lawsuit

By John G. Dillard Millions across the globe tuned into this weekend’s Mayweather-Pacquiao bout, which was billed as “the fight of the century.” However, the pay-per-view event was not the only high stakes fight to report on from last week.… Read More
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Mandated Labeling for Genetically Engineered Foods: Vermont’s Legislation Implicates the First Amendment

By Robert A. Hahn and John G. Dillard Note: OFW Law’s Bob Hahn and John Dillard recently authored a legal backgrounder on the First Amendment implications of Vermont’s new genetically engineered food labeling law for the Washington Legal Foundati… Read More
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HITECH First Amendment Challenge Delayed – HHS Promises Guidance and Agrees to Limited Enforcement Delay

The Department of Health and Human Services (HHS) revealed in court filings yesterday that it expects to issue guidance regarding prescription refill reminder programs before September 23, 2013. It also stated that it will not enforce the restriction… Read More
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Will the Pomegranate be the Bane or Savior of Food Advertisers?

By Bruce Silverglade, as published in Food Chemical News on January 25, 2013 POM Wonderful, LLC is treading where no food or beverage company has treaded before, at least not in recent memory. Bets are on that the company will soon be asking a U.S. C… Read More
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HHS’s Updated Medical Privacy Rules Under HIPAA Could Be Susceptible to First Amendment Challenge

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) issued a long-awaited pre-publication copy of revisions to the federal medical privacy requirements commonly referred to as the HIPAA Privacy Rule. The final rule, issued pur… Read More
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California Prop 37 Fails to Pass

Among the casualties on election day this year was California Prop 37, defeated by a vote of 53% to 47%. Proposition 37, the California Right to Know Genetically Engineered Food Act, was a ballot initiative that would have required special labeling o… Read More
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California’s Prop 37 -- A Prop Too Far?

On election day, California voters will decide on another food labeling ballot initiative, one that is being watched intently by the food industry. If it passes, the California Right to Know Genetically Engineered Food Act, popularly known as “Prop… Read More
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