MASSACHUSETTS -
First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more
2/12/2024
/ Dietary Supplements ,
Enforcement Actions ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Labeling ,
Misleading Statements ,
Product Labels ,
Product Packaging ,
Putative Class Actions ,
Safety Violations ,
Strict Liability
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
10/6/2023
/ Appeals ,
Cancer ,
Class Action ,
Consumer Litigation ,
Damages ,
Dietary Supplements ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
MA Supreme Judicial Court ,
New York ,
Strict Product Liability ,
Toxic Chemicals ,
Toxic Exposure
MASSACHUSETTS -
Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more
2/14/2023
/ Actual Injuries ,
Appeals ,
Asbestos ,
Class Action ,
Damages ,
Failure to Report ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Medical Devices ,
Misrepresentation ,
Over The Counter Drugs (OTC) ,
Prescription Drugs ,
Strict Product Liability
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
First Circuit Holds Plaintiff Adequately Alleges Deceptive Practices Claim For No-Hazelnut Coffee Labeled “Hazelnut Créme” Despite Ingredient List Excluding Hazelnuts And Mentioning Artificial Flavors, Allegation Of Deception...more
In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) held in Rafferty v. Merck & Co., No. SJC-12347 (Mar. 16, 2018), that the manufacturer of a brand-name prescription drug can be liable for...more
Massachusetts Federal Court Dismisses Putative Class Action Because Defendant’s Unconditional Checks for Named Plaintiff’s Maximum Damages, Even Though Uncashed, Mooted Suit -
In Demmler v. ACH Food Companies, Civil No....more
10/4/2016
/ 3D Printing ,
All Natural ,
Breach of Warranty ,
CAFA ,
Consumer Protection Act ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Labeling ,
Life Sciences ,
Medical Devices ,
Mootness ,
Personal Jurisdiction ,
Putative Class Actions ,
Safeguards Rule ,
Unfair or Deceptive Trade Practices
In 2009, the United States Supreme Court in Wyeth v. Levine affirmed a judgment rejecting a prescription drug manufacturer’s contention that plaintiff’s claim that the manufacturer should have strengthened its U.S. Food and...more
Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more
7/30/2015
/ Admissible Evidence ,
Asbestos ,
Asbestos Litigation ,
Bayh-Dole Act ,
Biologics ,
Compensatory Awards ,
Design Defects ,
Diversity Jurisdiction ,
Expert Testimony ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Manufacturers ,
Fraudulent Joinder ,
Manufacturing Defects ,
Medical Devices ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Preemption ,
Private Right of Action ,
Product Defects ,
Statute of Limitations ,
Summary Judgment ,
Tobacco Litigation ,
Tolling ,
Wrongful Death
Included in this Issue:
..United States Supreme Court Reverses First Circuit and Holds Federal Food Drug & Cosmetic Act Preempts Design Defect Claims against Generic Pharmaceutical Manufacturers
..United States...more