Gingerbread House of Horrors: FDA Issues Warning Regarding Raw Cookie Dough

This week, the FDA and CDC issued a warning reminding holiday bakers to lay off the raw cookie dough. While most are aware that raw eggs used to make cookie dough or cake batter can contain salmonella, the FDA also noted that flour is a raw food product that has not been treated to kill germs such as E.Coli. Earlier this year, boxes of Duncan Hines cake mix were recalled after salmonella was detected in a box of Classic White Cake Mix in Oregon. It…
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Federal Court Finds Issue of Fact on “Artificial Flavor” Label — Partially Grants Class Certification

Recently, the United States District Court for the Southern District of California granted partial certification to a class-action suit filed over alleged false advertising based primarily upon the labeling of “artificial flavors” in beverages manufactured by defendant Ocean Spray Cranberries, Inc. The plaintiff claimed that the labels on certain juice-based beverages falsely stated “No . . . artificial flavors” when in fact the beverages contained artificial flavoring chemicals (malic acid and fumaric acid) that simulate the advertised fruit flavors.   The plaintiff was seeking to certify…
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Employer/Employee Relationships Under Medical Marijuana Laws

I’ve recently been on a kick writing about Missouri’s recent passage of State Constitutional Amendment Two legalizing the use of medical marijuana within the state. Past posts discussed some of the specifics of the law and some of the problems that may develop when Missouri, like other states, has problems with conflicting federal laws (Second Amendment and gun ownership). Continuing on my Missouri kick as they are one of the more recent states to legalize medical marijuana, I thought we’d next address another thorny topic…
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“Medicine Chest of the World” Joins Fight Against Opioid Epidemic

New Jersey has joined the long – and growing – company of states and local municipalities in the fight against the opioid epidemic.  The New Jersey attorney general filed suit against Janssen Pharmaceuticals, alleging that the company misled consumers on how addictive the long term use of their opioid products were. The lawsuit by New Jersey represents a new frontier in the opioid epidemic as the state brings legal action against one of its biggest employers.  New Jersey has a deep relationship with the pharmaceutical…
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Medical Marijuana and Guns (Still) Don’t Mix…For Now

A few weeks back, we discussed the issues Maryland faced now that it legalized medical marijuana – specifically, gun ownership.  As most of you know by now, federal law bars federal firearm licensee’s from selling firearms to persons who utilize medical marijuana.  Under the Federal Gun Control Act, 18 U.S.C. 922(d)(3), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of…
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Federal District Court Judge Orders Disclosure of Opioid Market Share Data

An Ohio Federal District Court judge just recently granted an Order in the multi-district national prescription opiate litigation for release of the market share data, from a federal database, of opioid sales to counties and other entities. Specifically, the Order requires production of reports derived from the U.S. Department of Justice, Drug Enforcement Administration’s Automation of Reports and Consolidated Orders System (ARCOS). This court-ordered release of information shall include: (1) manufacturer reports reflecting the names of all labelers who manufactured and/or labeled more than five…
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FDA Offers Guidance for Mandatory Food Recalls

The U.S. Food and Drug Administration (FDA) recently issued guidance to the “industry” and FDA staff as to mandatory food recalls and providing integral information on how to handle and/or implement such food recalls when necessary. This guidance expands upon the FDA’s mandatory food recall authority that was first enacted under Section 423 of the Federal Food, Drug and Cosmetic Act (FD&C Act), which was added by Section 206 of the FDA Food Safety Modernization Act of 2011 (FSMA).  The FDA’s mandatory food recall authority…
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Will Missouri Become the Next State to Legalize Medical Marijuana – Part II

On November 6th, 2018, Missouri voters will decide whether or not the use of medical marijuana to treat approved conditions becomes legal. There are three marijuana initiatives on the ballot – Constitutional Amendment Two, Constitutional Amendment Three and Proposition “C”. A vote for “Yes” on any of the three ballot initiatives would legalize medical marijuana. Each initiative has differences and we previously discussed Amendment Two in our last post. Today we focus on Amendment Three. Amendment Three proposes to
  • legalize marijuana for medical

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Keep Your Hands Inside the Hayride: E. Coli Outbreak in Utah linked to Fall Festivities

Utah public health officials are investigating a marked increase in E. coli infections this fall that seem to correspond with visits to petting zoos, corn mazes, and hayrides. Although the exact source has not been identified, several of the 20 cases of E. coli infections were reported following visits to these popular autumnal attractions. Since October 1st, twenty cases of Siga toxin-producing E. coli have been reported in the Central and Southwestern regions of Utah. The infected individuals range in age from 10 months to…
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Which Gate Do I Enter? Expert Admissibility Standards Far From Uniform

  In August, the New Jersey Supreme Court released its opinion in In Re: Accutane Litigation, which as fans of expert-admissibility standards will know essentially moved New Jersey into the column of states that apply a Daubert-based test, rather an a Frye-based test, in evaluating the admissibility of scientific and expert testimony. For anyone who has not yet seen the opinion, a copy can be found here. (Note – it is lengthy, so get a full cup of coffee before you sit…
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