Nutritional Supplement Health Claims and False Advertising Liability

In 2009, consumers David Johns and Marc Bordman filed a class action suit against Bayer Corporation and Bayer Healthcare in the Southern District Court of California for allegedly making false and deceptive claims about the nutritional supplement “One A Day Men’s.”  According to the Complaint, Bayer marketed the supplement, and its key ingredient selenium, as supporting prostate health, despite mounting scientific evidence that the supplement does not reduce the incidence of prostate cancer.  The plaintiffs claimed these statements constituted deceptive advertising in violation…
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Football and Prescription Drugs – A Dangerous Combination

A former college football player for the University of Southern California, named Armond Armstead, has filed suit against the university founded upon allegations it improperly supplied players with painkillers to enable them to play in games.  Armstead, who played football for USC from 2008 to 2010, claims team doctors provided him with painkillers intended to be used for short-term treatment of post-operative pain in hospitals.  The use of these painkillers, according to Armstead, enabled him to play in games but also caused him to…
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A Horse of a Different Color… Is Usually a Very Different Horse: Conflict-of-Law Issue Determinative of Product Liability Litigation Outcome

On October 1, 2012, the First Judicial District of Pennsylvania, Philadelphia County Court of Common Pleas, affirmed its prior decision to dismiss product liability claims against Sanofi-Aventis US, LLC. arising from the use of a generic version of its popular drug, Ambien. Madden v. Teva Pharmaceuticals USA Inc., et al. In so affirming, the Court found Washington State law was rightfully applied and the case was properly dismissed against the defendant as, pursuant to the Washington Products Liability Act, “Sanofi was not the manufacturer…
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