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24, 2023) Courts in particular kinds of falseadvertising cases say that scientific claims are not falsifiable, even as the majority of workaday falseadvertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.
But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. According to Defendant’s internal memoranda, the advertising campaign was designed to “optimally position Onpro in [the] face of biosimilar competition.” Sandoz Inc.
13, 2021) Competing in the marketplace of ideas can ground a defamation claim, but not a falseadvertising claim. Crash Proof Retirement, LLC v. Price, 2021 WL 1387501, No. 2:20-cv-05906-JDW (E.D.
3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for falseadvertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law. YourBio Health, Inc., 24-10595-WGY (D.
18, 2022) Guardant sued its competitor Natera over an alleged “campaign of false and misleading advertising directed at” Guardant’s new product Reveal, a liquid biopsy cancer assay for early-stage colorectal cancer (CRC). in the journal of Cancer Research.” Guardant Health, Inc. Natera, Inc., 2022 WL 162706, No.
Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. We announced that NALSAR Hyderabad’s Indian Journal of Indian Intellectual Property Law (IJIPL) is inviting papers for publication in Volume 12 of the journal. Further details, including the link for registration, are provided in the post here.
7, 2025) The defendants published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had malignant mesothelioma but no known exposure to asbestos except through cosmetic talc. LLT, J&Js talc subsidiary , alleged that the statement was false. Emory, No.
There was also coverage by The New York Times, The Wall Street Journal, LA Times, Rolling Stone, Variety, Vox, and Mashable. Falseadvertising/passing off: Same basic problems. million times, and the show has 4 million followers on in its Instagram account, 2.6 million followers on Facebook, and 686,000 followers on Twitter.
In 2020, Dr. Moline and several co-authors published an article in the widely read Journal of Occupational and Environmental Medicine. The article was published in a peer-reviewed journal with a self-described purpose of “underlin[ing] the importance of collecting detailed exposure histories. in patients presenting with mesothelioma.”
Sheiner also challenged “Maximum Strength” because “prescription lidocaine patches exist on the market that deliver greater amounts of lidocaine to the user.”
for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. He conducted no studies or research , led/participated in no clinical trials , and published no academic papers in any peer-reviewed journal. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D.
The State’s public health journal also recommended that Hawai‘i doctors not change their prescribing practice based on the boxed warning and that genetic testing not be done. [This seems affected by path-dependence: if the warning had been added earlier, when doctors were less comfortable/used to the drug, would that still have happened?]
2013), for the proposition that in a falseadvertising claim, it is relevant whether the alleged statements are fabricated or fraudulently created, but that was inapposite. Ony involved a peer-reviewed scientific journal and concerned an area of legitimate ongoing scientific debate. Cornerstone Therapeutics, Inc. ,
In an advertisement in Anesthesiology News, Ventis claimed that Endura-KT is produced following cGMP manufacturing guidelines under 503B outsourcing standards overseen by the FDA. Ventis advertised in Anesthesiology News that Endura-KT is made from a combination of currently FDA approved USP products. Matkari, 7 F3d 1130 (4th Cir.
Scholarly journals were allegedly a big part of the problem. Individual Hill’s-affiliated ets wrote at least 15 different journal articles that allegedly featured intentionally false or misleading statements about DCM, including a non-peer reviewed article asserting that grain-free diets contributed to DCM that was widely read.
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