Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Pharma

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the number of eye drop doses in a container of a fixed volume, even if there is no alleged misrepresentation … Continue Reading

Chambers and Partners Releases Pharmaceutical Advertising 2018 Guide

We are pleased to announce that Chambers and Partners has released its 2018 Pharmaceutical Advertising Global Practice Guide, the U.S. chapter of which was authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan.  The Guide’s U.S. chapter provides a detailed overview of U.S. civil and criminal laws, regulations and ethical codes governing the advertising and promotion … Continue Reading

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that a plaintiff cannot rely on a presumption of irreparable harm in seeking preliminary injunctive relief under the Lanham Act.  In Ferring … Continue Reading

What a Tangled Web We Weave, When First We Practice to Deceive: Second Circuit Holds that “Deliberate Deception” Creates Legal Presumption of Consumer Confusion and Injury in a Two-Player Market

On July 29, the Second Circuit clarified its view that, in a two-player market, willfully deceptive advertising – even non-comparative advertising – creates a legal presumption of consumer confusion and injury, applicable to determination of both liability and damages. This emphatic opinion makes plain the peril that follows a finding that defendant willfully engaged in … Continue Reading

FDA Issues Draft Guidance Docs On How To Provide Accurate Risk/Benefit Info in 140 Characters Or Less And Clean Up 3rd Party UGC [129/140]

Last Tuesday, the FDA issued two draft industry guidance documents advising pharmaceutical companies on how to accurately communicate information concerning prescription drugs and medical devices on social media and other Internet platforms.  The first guidance contains recommendations for promoting medical products on social media and internet platforms with character limitations, such as Twitter or paid … Continue Reading

Third Circuit to Putative Class Action Plaintiffs: No Receipt, No Class Cert

On May 2nd, the Third Circuit declined to rehear en banc its 2013 decision to reverse class certification in Carrera v. Bayer Corp, which created a big hurdle for would-be plaintiffs bringing suit in New Jersey, Pennsylvania and Delaware who fail to keep records of their retail purchases. In Carrera, the plaintiff brought what was … Continue Reading
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