Richard Baldwin

Foley Hoag LLP

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Latest Posts › Federal Food Drug and Cosmetic Act (FFDCA)

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Product Liability Update - July 2021

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

8/5/2021 / Appeals , Breach of Warranty , Design Defects , Failure To Warn , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Medical Devices , Negligence , New Jersey , Strict Liability

Product Liability Update: November 2019

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

12/4/2019 / Cosmetics , Expert Testimony , False Advertising , Federal Food Drug and Cosmetic Act (FFDCA) , Marketing , Product Labels , Strict Product Liability , Unfair or Deceptive Trade Practices , Warranties

Massachusetts Creates First-In-Nation Recklessness Standard For Claims Against Brand-Name Drug Manufacturers By Users Of Generics

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

3/22/2018 / Brand Name Prescription Drugs , Failure To Warn , Federal Food Drug and Cosmetic Act (FFDCA) , First Impression , Generic Drugs , Life Sciences , Manufacturers

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