News & Analysis as of

Food and Drug Administration (FDA) Civil Liability

Greenbaum, Rowe, Smith & Davis LLP

First Circuit Decision Regarding Anti-Kickback Statute Standard Widens Circuit Split and Creates Potential for Supreme Court...

The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more

Oberheiden P.C.

6 Frequently Asked Questions with Lab Defense Attorney Nick Oberheiden

Oberheiden P.C. on

Clinical laboratories have come under increased scrutiny in the past few years, especially those that deal with COVID-19 testing or drug testing. These federal investigations can be surprising and confusing for lab...more

Farella Braun + Martel LLP

The FASTER Act: What Companies Need to Know about the New Food Allergy Law

While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food allergen...more

Patrick Malone & Associates P.C. | DC Injury...

U.S. will ban targeted health menace of menthol cigarettes and flavored cigars

The Biden Administration will ban menthol cigarettes and flavored cigars with new regulations to be issued within the next year - actions that Big Tobacco is expected to battle but which proponents say could have big health...more

Butler Snow LLP

Revisiting “Is ‘The Government Said I Could’ A Civil Liability Defense?” During COVID-19

Butler Snow LLP on

Late last year we covered a decision finding a mine operator could not be held liable for unpermitted discharges under the Clean Water Act because it had properly disclosed them to the state permitting authority, which “chose...more

Downs Rachlin Martin PLLC

National Restaurant Assoc. Guidelines For Re-Opening

Restaurant and hospitality businesses prepare to reopen: guidelines. As various states begin to ease stay-at-home restrictions and restaurants and hospitality business prepare to re-open, the National Restaurant...more

Patrick Malone & Associates P.C. | DC Injury...

Will Congress vaporize proposals to curb tobacco use, protect kids’ health?

Just days after federal health officials warned about teen-agers’ increasing use of e-cigarettes (vaping) and hookahs, members of a House committee have approved a legislative move that shields vaping manufacturers from...more

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