August 2014

The World Health Organization’s Take on E-Cigs and the FDA Regulations

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Amidst the publication of the Federal Drug Administration’s (“FDA”) draft e-cig regulations and  New York City, Chicago and Los Angeles banning the indoor use of e-cigs, the World Health Organization (“WHO”) chimed in this week voicing its approval of the United States’ proposed treatment of e-cigs. New FDA E-Cig Regulations Under the FDA’s proposed e-cig regulations, the FDA […]

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FTC Approves Health Supplement Deceptive Advertising Settlement

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On August 21, 2014, the Federal Trade Commission (“FTC”) approved a final order (the “Order”) settling false advertising claims against i-Health, Inc. and Martek Biosciences, respectively (collectively the “Marketers”).  Specifically, the FTC alleged that the Marketers made use of unsupported health benefit claims concerning their “BrainStrong Adult” dietary supplement in their product marketing.  Pursuant to

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Federal Court Denies Preliminary Approval of TCPA Class Action Settlement

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While most class action settlements are awarded preliminary approval (as long as they are deemed fair, adequate  and reasonable), a Florida federal court recently rejected a class action settlement as inadequate in an action involving alleged junk faxes sent in violation of the Telephone Consumer Protection Act (“TCPA”). The Class Action: Background In Physicians Healthsource,

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What’s Next for E-Cigs?

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As we have discussed in previous blog posts, the Food and Drug Administration (FDA) released its long-awaited proposed e-cig regulations earlier this year.  Since releasing the draft regulations, the FDA has received over 70,000 formal comments, including a letter submitted by 29 state attorneys general seeking additional marketing regulations.  Now that the comment period has ended, what’s next

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More on TCPA “Autodialers”

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This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”).  (See Courts Split Over Definition of “Autodialer” Under TCPA).   One Massachusetts federal court has further broadened the definition of ATDS under the TCPA.  In Davis v. Diversified Consultants, Inc.,

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Courts Split Over Definition of “Autodialer” Under TCPA

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In April of 2014, we asked What is an “Autodialer” under the TCPA?  At that time, a federal court in Pennsylvania had declined to find that Yahoo!, Inc. (“Yahoo”) used an automatic telephone dialing system (“ATDS”) in violation of the Telephone Consumer Protection Act (“TCPA”) simply because its equipment had the capability to store telephone

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In Upholding the Constitutionality of the TCPA, Court Narrowly Construes Autodialer Definition

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The United States District Court for the Southern District of Florida recently considered the constitutionality of the Telephone Consumer Protection Act (“TCPA”) in an action involving the alleged use of an autodialer in calling the plaintiff’s mobile phone seeking paid participation in a survey. The Constitutionality of the TCPA In De Los Santos v. Millward

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