FTC: Food Health Claims Must Be Backed by Good Science

As explained in this article by Jenna Greene, "the Federal Trade Commission in a final decision issued January 16 will require juice maker POM Wonderful to conduct extensive clinical trials before it can make any claims about the health benefits of its products." And those clinical trials must produce "competent and and reliable scientific evidence" […]

More on Generic Drugs, Preemption, and Access to the Courts to Redress Drug-Related Injuries

We have posted several times recently (go here, here, and here) about Mutual Pharmaceutical Company v. Bartlett, a pending Supreme Court case that presents the question whether FDA approval of a generic prescription drug preempts a state-law damages claim premised on the drug's design defect. (The Supreme Court held 5-4 in PLIVA v. Mensing (2011) that FDA […]

Is enforcement of a security interest (e.g. a foreclosure) “debt collection” under the FDCPA?

Yes, says the Sixth Circuit, in Glazer v. Chase Home Finance, issued yesterday. This is good news for FDCPA plaintiffs, who have had to contend for years with a district court consensus that the enforcement of a security interest is not subject to most of the provisions of the Act. An odd type of split […]

Chamber of Commerce Doesn’t Want SEC to Require Public Companies to Disclose Their Campaign Contributions

Should public companies be forced to disclose to their shareholders — and thus to the world — their campaign contributions (rather than funnelling them secretively through third parties, such as the Chamber of Commerce)? The SEC is considering a disclosure rule, but the Chamber of Commerce is opposed, as explained in this article by Sue […]

Alabama Court holds patient injured by generic drug can sue brand-name manufacturer

The Alabama Supreme Court ruled on Friday in Wyeth v. Weeks that a patient who took a generic version of a drug may sue a brand-name drug manufacturer for failing to warn about a drug’s risks. In June 2011, the U.S. Supreme Court held in Pliva v. Mensing that injured patients' state-law failure-to-warn claims against […]

Paper on Payment Card Security Measures

Edward A. Morse of Creighton and Vasant Raval of Creighton Business have written Private Ordering in Light of the Law: Acheiving Consumer Protection through Payment Card Security Measures, 10 DePaul Business & Commercial Law Journal 213 (2012).  Here's the abstract: A private ordering regime has developed within the payment card industry to define appropriate security […]

Omri Ben-Shahar Paper Looks at Which Consumers Are Hurt Most by Arbitration Clauses

Omri Ben-Shahar of Chicago has written Arbitration and Access to Justice: Economic Analysis. Here is the abstract: Mandatory arbitration clauses in consumer contracts are widely regarded as problematic because they limit consumer’s access to judicial forums, to fair procedures, and potentially to any kind of remedy. But rather than looking at consumers as a group, […]