New Developments in the World of Section 230
Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications
The US District Court for the Eastern District of California on May 2, 2025 granted summary judgment in favor of the California Chamber of Commerce, holding that Proposition 65 warning requirements for acrylamide in food...more
In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more
On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more
As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion...more
Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before....more
Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more
On November 7, 2023, the US Court of Appeals for the Ninth Circuit held that California’s Prop 65 warning for glyphosate—the active ingredient in the herbicide Roundup®—violates the First Amendment. The court determined that...more
U.S. health care attorneys, investors, and industry stakeholders are very familiar with the well-worn mantra that prescription drug and medical device companies are not allowed to “market” or “promote” their...more
In BioCorRx, Inc. v. VDM Biochemicals, Inc., Case No. G061535, the Court of Appeal of the State of California Fourth Appellate District held that statements or representations made by a person or company for the purpose of...more
On October 23, 2023, FDA announced the availability of a revised draft guidance titled “Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical...more
The State of New Jersey has passed a new law limiting the amount of a credit card surcharge by a seller on a purchase of goods or services. New Jersey joins 12 other states and territories that have had laws on their books...more
On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more
The Fourth Circuit has found that a West Virginia state law restricting how attorneys can solicit clients in pharmaceutical and medical device cases does not violate the First Amendment. At the end of April, a three-judge...more
After becoming the first state to ban real estate “love letters,” Oregon’s novel law has been found to violate the First Amendment and enjoined from enforcement by a federal Court in Oregon. Total Real Estate Group v. Strode,...more
The U.S. District Court for the Middle District of Louisiana recently issued an opinion and order granting Turtle Island Foods’ Motion for Summary Judgment in a First Amendment challenge the food manufacturer brought against...more
Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more
Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more
Judge Joshua D. Wolson of the U.S. District Court for the Eastern District of Pennsylvania recently dismissed a Lanham Act suit that challenged critical comments on a blog (not this one!). The case was brought by plaintiff...more
On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more
On February 25, 2021, the United States District Court for the District of Kansas issued an opinion granting summary judgment in favor of CardX, LLC (CardX), and found unconstitutional “a Kansas law that prohibits sellers...more
On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act. The Lanham Act is best known for being the primary federal trademark statute...more
Nick Mooney and Joseph Schaeffer, Spilman Technology Law Practice Group Chairs, discuss proposed amendments from the Department of Justice, a recent statement from Justice Thomas on the Supreme Court’s “shadow docket,” and a...more
Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more
On May 6, 2020, the U.S. District Court for the District of Massachusetts, in ACA International v. Healey, Case No. 1:20-cv-10767-RGS, enjoined Massachusetts Attorney General Maura Healey (AG Healey) from enforcing provisions...more
Federal Judge Enjoins Enforcement of Massachusetts Attorney General’s Debt Collection Ban Under First Amendment - In response to the COVID-19 emergency, the Massachusetts Attorney General’s Office (“AGO”) issued a set of...more