Category Archives: Consumer Protection Laws

It may come as little surprise that the U.S. Congress recently echoed efforts by pharmaceutical companies pressuring the FDA to accelerate its approval process, despite concerns that it may lead to an increase in defective drug recalls. Last week, the Congressional Technology Caucus of Congress drafted and sent a bipartisan letter to the FDA calling for changes in the approval process. The Caucus’ list of grievances with the FDA included correcting the “FDA time” so it corresponds with real time, considering harmonizing with international testing standards, looking into conflicts of interest in the advisory panels, and making the process of approval more transparent as a whole. The Congressional Caucus is justifying their position by noting many devices are available in Europe long before they gain approval by the FDA for use in the states. The Caucus also expressed concern that Europe, China and India are recruiting medical companies away from…
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Publix Super Markets in Florida have issued a voluntary recall of spinach dip, fearing possible contamination with Listeria monocytogenes that could lead to food poisoning, according to MarketWatch.  The spinach dips were sold in 16-ounce containers marked with the UPC code 41415-00062 with a use by date of October 1. Consumption of the bacteria can cause illness and possibly even death in young or elderly people, or someone who is already sick.  It most commonly cause fevers, headaches and diarrhea, but is also linked to miscarriages and stillbirths in pregnant women as well. “As part of our commitment to food safety, potentially impacted product has been removed from all store shelves,” said Publix Media and Community Relations Director Maria Brous.  “To date, there have been no reported cases of illness.  Consumers who have purchased the products in question may call our Consumer Relations department.” Do you think the company here…
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A South Carolina judge ordered a unit of Johnson and Johnson to pay more than $327 million in penalties for deceptively marketing the antipsychotic drug Rispderdal. Johnson and Johnson claimed the drug is better and safer than competing medications. Judge Roger Couch in Spartanburg concluded that Johnson and Johnson’s Ortho-McNeil-Janssen Pharmaceuticals unit repeatedly violated the state’s consumer-protection laws by sending a 2003 letter to doctors. The letter touted Risperdal as being superior to rival drugs, and included deceptive information in the warning label. “The drugmaker’s executives allowed the profit-at-all-costs mentality to cloud their judgment in connection with the drug’s marketing campaign and its labeling,” Couch said in his 17-page ruling. A Janssen official said they will appeal Couch’s order and maintained that the company fully disclosed Risperdal’s health risks. The official also stated that the company properly marketed the antipsychotic medicine. The lawyers for the state of South Carolina, who…
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