Jonah Knobler

Patterson Belknap Webb & Tyler LLP

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Latest Posts › Food and Drug Administration (FDA)

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“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”? And who gets to decide? A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t...more

3/22/2023 / Beverage Manufacturers , Class Action , Food and Drug Administration (FDA) , Food Manufacturers , Misbranding , Nutrition Facts Labels , Pleadings

In Hair Supplement Case, Ninth Circuit Rejects Bald Attempt to Escape Preemption

Federal law expressly authorizes manufacturers of dietary supplements to make “structure/function” claims—that is, claims about the effect of particular nutrients on the structure or function of the human body. (Think:...more

2/15/2021 / Appeals , Dietary Supplements , False Statements , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Preemption , Product Labels

FDA Withdraws Proposed Rule Abolishing Generic Preemption; Recognizes “Downsides” Of Expanded Tort Liability

On December 13, 2018, the FDA withdrew a proposed rule that would have authorized manufacturers of generic drugs to use the Changes Being Effected (CBE) procedure to add new safety information to their labeling—something that...more

12/18/2018 / Failure To Warn , Food and Drug Administration (FDA) , Generic Drugs , Labeling , Pharmaceutical Industry , Preemption

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