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New USDA Final Rule Raises Nutrition Quality Standards for Meals Served at School
On January 25, 2012, the Food Nutrition Service of the U.S. Department of Agriculture (“USDA”) issued a final rule that substantially modifies the menu planning and nutrition requirements for the National School Lunch…
Fourth Circuit Clarifies Scope of Federal Preemption for Requirements Governing Medical Devices
The United States Court of Appeals for the Fourth Circuit recently affirmed a West Virginia federal district court's holding that a plaintiff's common law tort claim was preempted by the 1976 Medical Device Amendments…
USDA Publishes Two Proposed Rules Regarding Ingredients in Organic Food Products
Today the United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) published two proposed regulations that will affect companies that produce and market organic food products. One proposed…
The "Prior Substantiation" Doctrine: An Important Check On the Piggyback Class Action
A disturbing trend has emerged in false advertising litigation: plaintiffs are filing class action complaints that are virtually identical to or rely heavily on FTC complaints or FDA warning letters. Those complaints…
FDA Expands Scope of Reporting for Discontinued Drugs
The FDA has published an interim final rule amending definitions related to required notifications regarding drug shortages. 21 C.F.R. 314.81(b)(3)(iii) requires an applicant who is the sole manufacturer certain…