Author Archives: Brian Wolfman

How should the FDA regulate misleading food labels?

Do you think that some food marketers (mis)label junky foods to try to make them seem healthy? Jennifer Pomeranz does, and she's written A Comprehensive Strategy to Overhaul FDA Authority for Misleading Food Labels to explain how, in her view, the Food and Drug Administration can make food labels less misleading, consistent with the First […]

How should agencies do cost-benefit review of financial regulation, and how should courts scrutinize that review?

Those are the subjects of Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications, by law professor John Coates. Here is the abstract: Some members of Congress, the D.C. Circuit, and legal academia are promoting a particular, abstract form of cost-benefit analysis for financial regulation: judicially enforced quantification. How would CBA work in practice, if […]

Many poor people taking advantage of ACA medicaid expansion

Perhaps sign-ups on the Affordable Care Act's exchanges are lagging, but, as explained in this article by Sabrina Tavernise, in states that have accepted the Act's medicaid expansion, the Act is providing health insurance to many people who previously lacked it. "In West Virginia," for example, "where the Democratic governor agreed to expand Medicaid eligibility, the […]

A state AG’s parens patriae action is not a “mass action” under the Class Action Fairness Act

Says the Supreme Court this morning. No surprise there. Here's the first paragraph of Justice Sotomayor's unanimous opinion: Under the Class Action Fairness Act of 2005 (CAFA or Act), defendants in civil suits may remove “mass actions” from state to federal court. CAFA defines a “mass action” as “any civil action . . . in […]

Lack of public awareness may be Affordable Care Act’s biggest problem

The federal government's faulty Affordable Care Act (ACA) website — and similar problems on some state-run ACA websites — may not be the biggest problem facing the ACA's implementation. As this article by Jonathan Easley explains, a new survey conducted by Enroll America, "a nonprofit with close ties to the Obama administration that is aiming […]

Tips for consumers to deal with security breaches

In light of the Target Stores security breach — the theft of around 40 million credit and debit card records from Target — the National Consumer Law Center, Consumer Action, and U.S. PIRG  have issued these tips for consumers about dealing with security breaches. It includes reminders that (1) consumers' liability for unauthorized credit-card and […]