Category Archives: Uncategorized

FTC Charges Gerber with Falsely Claiming That Its Baby Formula Protects Infants from Developing Allergies

Last week, the Federal Trade Commission sued Gerber Products Co. in federal district court in New Jersey, alleging that the company deceptively advertised that feeding infants Good Start Gentle formula would prevent or reduce the risk that the babies would develop allergies. The complaint also alleges that Gerber falsely advertised Good Start Gentle’s health claims […]

NYT presents a candid discussion of oil-and-gas lobbyists’ strategy: “win ugly”

In what might be analogized to Mitt Romeny's infamous 47-percent remark, veteran lobbyist Richard Berman advised oil and gas companies to pursue smear campaigns to discredit environmental activists, according to a recent New York Times story on a secretly-recorded speech Berman made to industry executives in June. This paragraph from the Times story gives a […]

NYT expose: lobbyist money influencing state attorneys general to drop investigations and enforcement

Attorneys general are now the object of aggressive pursuit by lobbyists and lawyers who use campaign contributions, personal appeals at lavish corporate-sponsored conferences and other means to push them to drop investigations, change policies, negotiate favorable settlements or pressure federal regulators, an investigation by The New York Times has found. For instance, the Times reports: […]

Truth in Lending Act recission case set for oral argument on Tuesday

In light of our post earlier today, I'm reminding our readers that Jesinoski v. Countrywide Home Loan is scheduled for oral argument in the Supreme Court next Tuesday, November 4. Here's the question presented: Does a borrower exercise his right to rescind a transaction in satisfaction of the requirements of Section 1635 by “notifying the […]

How does a consumer exercise her right to recission under the Truth in Lending Act?

The Truth in Lending Act gives consumers the right to rescind many (but not all) consumer-credit transactions under specified circumstances. The courts have disagreed over how a consumer must notify the lender that she is exercising her recission right. That's the topic of Avoiding the Nuclear Option: Balancing Borrower and Lender Rights Under the Truth […]

American Banker Report on Campaign Contributions by the Financial Industry

Here. An excerpt: There's been a concerted move to the right by the banking industry since the passage of the Dodd-Frank Act in 2010. The industry already tilted slightly Republican for years, but there's been a more distinctive shift over the past two election cycles. Employees and PACs representing the financial sector have given 62% […]

Liability (or not) for injuries from generic drugs

Following up on our recent post about whether state law permits brand-name drug manufacturers to be held liable for injuries caused by mislabeled generic drugs, take a look at Who (If Anyone) Should Be Liable for Injuries from Generic Drugs? by law professors Ezra Friedman and Abraham Wickelgren. Here is the abstract: Two recent Supreme […]