Robert Rouder (US)

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Package as “Advertising”

By Susan Ross (US) and Robert Rouder (US) on December 7, 2016 Posted in FDA & Food Safety, News from DC

On October 17, 2016, a US federal trial court in the District of Columbia ruled that a competitor may pursue a Lanham Act claim for false advertising due to a container of black pepper. Watkins Inc. v. McCormick & Co., Inc., Case No. 1:15-cv-2188 (ESH) (D.D.C. Oct. 17, 2016) (2016 WL 6078250). In ruling on … Continue reading

Amarin and FDA settle off-label suit

By Robert Rouder (US), Katharyn Grant (US) and Saul Perloff (US) on March 9, 2016 Posted in FDA & Food Safety

As we reported last August, U.S. District Judge Paul Engelmayer ruled that Amarin Pharma has a First Amendment right to truthfully promote its prescription drug Vascepa for off-label uses. August 10, 2015, article. Shortly afterward, Amarin and the government entered settlement talks. August 31, 2015 update. We are now able to report that on March … Continue reading