Category Archives: Litigation

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U.S. Supreme Court Upholds Federal Preemption In Childhood Vaccine Liability Case

Late last month, the U.S. Supreme Court ruled on a significant federal preemption case concerning an individual’s right to sue a vaccine manufacturer for injury that is alleged to have resulted from a defect in a vaccine’s design. The 6-2 decision (Justice Kagan recused herself) in Bruesewitz v. Wyeth held that a provision within the … Continue Reading

8th Circuit Court of Appeals Rules False Advertising Allegations Regarding Organic Claims Are Not Preempted by Organic Foods Production Act of 1990

The U.S. 8th Circuit Court of Appeals recently ruled that certain false advertising claims based on state consumer protection and anti-deception statutes were not preempted by the Organic Foods Production Act of 1990 (OFPA)— a federal Act that establishes national standards for the sale and labeling of organically produced agricultural products, and creates a certification … Continue Reading

Court Strikes Down FDA Ban on Selenium/Cancer Health Claims – Alliance for Natural Health U.S. v. Sebelius

This post was written by Sarah Roller and Katie Bond. On May 27, 2010, the U.S. District Court for the District of Columbia issued a decision in Alliance for Natural Health U.S. v. Sebelius, Civ. Action No. 09-10470 (ESH) (D.C. Dist. May 27, 2010) ("Natural Health"). Relying on a string of earlier decisions, including Pearson … Continue Reading

Settlement with Indoor Tanning Association Regarding Claims Characterizing Disease Risks for Tanning and Vitamin D Supplements

This post was written by Sarah Roller. On May 19, 2010, the Federal Trade Commission (FTC) approved a final settlement order with the Indoor Tanning Association charging that the association exaggerated the health benefits of indoor tanning and misrepresented that indoor tanning increases the risk of skin cancer. The settlement bars the Association from making … Continue Reading
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