Times Article Reports How Mylan Still Charges $609 for EpiPen With $1 of Medicine

The headline is Outcry Over EpiPen Prices Hasn’t Made Them Lower.  Excerpt: By August, the company, which sells thousands of drugs and says it fills one in every 13 American prescriptions, was making mea culpas and renewing its promise to “do what’s right, not what’s easy,” as the company’s mission statement goes. * * * […]

FDA: Lots of pregnant women and kids under 6 tested for lead since 2014 should be retested

A company called Magellan Diagnostics touts itself as "the most trusted name in lead testing." But the Food and Drug Administration disagrees, saying that many of the company's products are inaccurate. The problem may go all the way back to 2014. And the problem appears to be false negatives — some of the company's lead […]

Duranske Article on Regulation Health and Wellness Claims

Sarah Duranske of Stanford has written This Article Makes You Smarter (Or, Regulating Health and Wellness Claims), Forthcoming in the American Journal of Law and Medicine. Here is the abstract: Information has power – to inspire, to transform, and to harm. Recent technological advancements have enabled the creation of products that offer consumers direct access […]

Times: No, Your Phone Didn’t Ring. So Why Voice Mail From a Telemarketer?

Here. Excerpt: [C]alls are quietly deposited through a back door, directly into a voice mail box — to the surprise and (presumably) irritation of the recipient, who cannot do anything to block them. Regulators are considering whether to ban these messages. They have been hearing from ringless voice mail providers and pro-business groups, which argue […]

Bair Article: Dynamic Rationality

Stephanie Plamondon Bair of Brigham Young has written Dynamic Rationality, Forthcoming in the Ohio State Law Journal.  Here is the abstract: In 1998, Christine Jolls, Cass Sunstein, and Richard Thaler published A Behavioral Approach to Law and Economics, one of the most important pieces of scholarship in decades. Their Article famously proposes a departure from […]

Bloomberg’s Perry Cooper’s Thorough Report on the Status of Various Arbitration Rules

Here.  Excerpt on the CFPB's proposed arbitration reg: [Ballard Spahr's] Alan S. Kaplinsky told Bloomberg BNA that “it would be bordering on reckless” for CFPB Director Richard Cordray to finalize the rule because of the risk it will be overturned under the [Congressional Review Act].* * * Congressional Republicans will be in lock step against […]

AFR: Sham Poll Tells Lobbyists What They Want to Hear

The Consumer Bankers Association has been touting a poll it commissioned from Morning Consult finding, as the CBA headline put it: Most Votes in Key Battleground States Support Structural Reforms to CFPB. Or, to put it another way, most voters when asked if they prefer a single director or a bipartisan commission, prefer the bipartisan […]

James Kwak on Economism and Arbitration Clauses

Here.  Excerpt: It’s unlikely that anyone actually believes that consumers understand arbitration clauses and take them into account when making buying choices. These arguments aren’t meant to be taken seriously. They are air cover for banking executives who like taking advantage of customers and politicians who want to do favors for the financial lobby. That’s the […]