Searching Content indexed under Advertising, Marketing & Branding by Erin Bosman ordered by Published Date Descending.
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Court Declines To Certify Class In False Advertising Case Without Survey Evidence Of A Common Consumer Definition
On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy's marketing of an energy drink was misleading, finding that individual...
United States
23 Jun 2017
New Settlement Highlights FDA's Diminishing Power Over Off-Label Promotion
In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira's anesthetic drugs.
United States
31 Dec 2015
Alabama Legislature Says No To Innovator Liability
On April 29, 2015, the Alabama Senate passed a bill, SB80, "to provide that a manufacturer is not liable . . . for damages resulting from a product it did not design, manufacture, sell, or lease." Sponsored by Senator Cam Ward, the bill supersedes the Alabama Supreme Court’s controversial holding in Wyeth, Inc. v. Weeks, No. 1101397, 2014 WL 4055813 (Ala. Aug. 15, 2014).
United States
6 May 2015
"Lance v. Wyeth": A New Cause Of Action In Pennsylvania?
Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in "Lance v. Wyeth" that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs.
United States
3 Feb 2014
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