Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®. As many readers are probably aware, Roundup® is currently the subject of both state and federal litigation in which numerous…
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The Legality of Cannabidiol and Concerns Regarding False Advertising
The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form. However, under federal law, marijuana is a Schedule…
Known to the State of California to Cause Cancer or Reproductive Harm – What is Proposition 65 and What You Need to Know
A majority of California voters in 1986 approved a ballot initiative known as Proposition 65, officially titled California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop. 65”). Prop. 65 seeks to protect California’s drinking water sources from being…
Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff
Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important aspect is advertising. The purpose of…
The Expert Report: Key Considerations
Product liability cases often present challenging and complex issues which require the use of experts. If you are litigating in federal court, any expert you designate will be required to provide a written report[1]. The same, however, may not be…
Words Matter: Product Claims Can Trigger Regulatory Application And Corrective Action
Most of us understand that the facts that give rise to the legal issues we face are sometimes sewn far in advance. This is certainly true in the area of product claims or statements. As is discussed below, careful consideration…
Tagged with: essential oils, FDA warnings, FDCA, labeling, natural ingredients, organic products
Posted in FDA
Posted in FDA
