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December is FDA’s Month for Giving and Delaying

Written by Michael A. Walsh on December 17, 2015

FDA capitulates, dropping a meritless enforcement action against Pacira and putting off Amarin until February 17, 2016. Three years have passed since the Second Circuit paved new ground with the landmark decision in US v. Caronia. At the time, some commentators opined that the FDA enforcement world as the government knew it had ended and Read More…


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Just in Thyme for the Holidays – An Organically Grown Preemption Debacle

Written by Clifford Robertson on December 14, 2015

On December 3, 2015, the California Supreme Court issued a ruling that expands the ability of private claimant to file lawsuits in California alleging intentional organic mislabeling. In Quesada v Herb Thyme Farms, a purported class action, the Court stated that “[u]nderlying each cause of action is the allegation that Herb Thyme not only sells Read More…


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NYC Under “A-Salt”

Written by Earsa Jackson on December 13, 2015

New York City’s new sodium warning law received its first official challenge this month. On December 3, 2015, the National Restaurant Association (NRA) filed suit against the New York City Department of Health & Mental Hygiene, the New York City Board of Health and Dr. Mary Travis Bassett, Commissioner of the New York City Department Read More…


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The Department of Justice and the Yates Memo: Heightened Focus on Individual Liability

Written by Michael A. Walsh on October 13, 2015

Last month, in what is known as the “Yates Memo,” the United States Department of Justice (DOJ) set a new course on “Individual Accountability for Corporate Wrongdoing” identifying six “keys steps” in its prosecutions. When coupled with the Food and Drug Administration’s (FDA) renewed interest in applying the “Park Doctrine” to implicate individuals for others’ Read More…


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Vermont is “Naturally” Genetically Modified

Written by Michael A. Walsh on September 22, 2015

The state of Vermont was not one of the original 13 colonies and did not join the union until 1791, the year the First Amendment was ratified. That tardiness may explain its inability to interpret the First Amendment correctly. Vermont was settled by the French from whence its Ver (green) mont (mountain) name emerged as Read More…