'Cosmeceuticals': The Fine (Regulatory) Line Between Cosmetics and Drugs
May 27, 2008
When it comes to determining whether a product is a drug, a cosmetic, or both under the Federal Food, Drug and Cosmetic Act of 1938, the focus has been mostly on the marketing and promotional claims related to the product, at least based on available FDA guidance, case law, and recent enforcement actions. As the market for cosmeceuticals continues to grow, however, and if more products are formulated with ingredients found in FDA-approved prescription drugs, that focus could change.
Chinese Manufacturing and Imports
May 27, 2008
All companies must live with the risks and uncertainties inherent in their businesses. Doing business with Chinese manufacturers, however, recently has proven to be more risky than some companies had anticipated.
Attorney-Client Privilege in Corporate Internal Investigations
May 27, 2008
Corporate scandals over the past decade have led to an encyclopedia of new statutes, regulations, initiatives, and programs, at the state, federal, and global levels. Corporations have responded with new or revised ethics codes and rules governing business conduct. Along with this mass of law, corporations have been expected to police themselves through stringent compliance and reporting programs. The current business cycle may make compliance efforts even more difficult.
What Is Reasonable?
April 30, 2008
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.
Blogs Are Afforded Unequal Protection
April 30, 2008
The U.S. Supreme Court created a bit of a problem when it ruled that commercial speech is entitled to limited First Amendment protection, but failed to clearly identify what commercial speech is. So, it often comes down to this: If a business elects to engage in a debate on important social issues, its principals ' and counsel ' have no way of knowing the level of constitutional protection that speech will receive. This issue is becoming especially important to owners of blogs.
What Is Reasonable?
April 30, 2008
Several recent rulings from the U.S. Supreme Court have arguably tipped the scales toward alleged infringers involved in a patent battle.
Case Notes
April 29, 2008
Highlights of the latest product liability cases from around the country.
Coordination of Mass Torts in State Court
April 29, 2008
With the number of mass/complex cases in state courts on the rise, state court litigants and jurists are recognizing the need to treat these cases differently from garden variety torts and are turning to established, but heretofore little used, state law coordination rules and procedures to manage this growing area of litigation.
Criminalizing Product Liability Claims? An Idea from Across the Pond
April 29, 2008
The Corporate Manslaughter and Corporate Homicide Act of 2007 is yet another example of a worldwide trend toward criminalizing the law of product liability. While the idea of establishing criminal corporate manslaughter has been discussed in the United States, it has not gained much momentum. The recent reform in the United Kingdom, however, may rekindle the efforts to criminalize product liability, especially during the course of this election year.
