- UK: “Premiums to soar as accident claims lawyers push up cost of motor insurance, MPs hear” [Telegraph]
- John Stossel on death by FDA [Reason] Disapproving stance on e-cigarettes might cost lives [Balko] Company abandons pioneering stem-cell research after running up $45 million in costs to win FDA approval of initial safety tests [Technology Review] NYT can be obtuse about regulatory costs [Cowen]
- No, we’re not allowed to let you out of the van to relieve the call of nature [Ted at PoL]
- “Economic Damages Are Affirmed Though Plaintiff’s Earnings Rose After Accident” [NJLJ]
- A shame about the business climate in Hawaii [Inverse Condemnation]
- “Massachusetts Lawyer Loses License for a Year for Charging $93.8K Contingent Fee, Absent a Contingency” [Martha Neil, ABA Journal]
- Movement “rapidly gaining steam” in U.S. to prohibit anonymous sperm donation [Glenn Cohen, Prawfs]
Tagged as:
assisted reproduction,
contingent fee,
damages,
FDA,
Hawaii,
United Kingdom
I just joined listeners at San Diego’s KOGO to talk about the FDA/USDA initiative to regulate salt content in food, about which you can read here and here. Deadline for filing comments is tomorrow; the most direct link I know of for doing so is here (use “Individual Consumer” as category of comment unless that doesn’t apply).
Tagged as:
FDA,
on TV and radio,
salt
If the Food and Drug Administration continues down its current path, it could begin ordering mandatory salt reductions in processed and restaurant foods ranging from pretzels to cold cuts to take-out chicken nuggets. As I explain at Cato at Liberty, time is running out for public comment on the FDA’s plans to enter the field. Earlier here, etc.
Tagged as:
FDA,
nanny state,
salt
- Washington Post pundit Dana Milbank’s lament: Obama isn’t doing enough to intimidate opponents [David Boaz, Cato]
- FDA defends itself against rising criticism on drug and device approval [NYT] NYT approaches the issue with a curious slant [Paul Rubin]
- California courts: what makes you think we need to follow SCOTUS on arbitration? [Cal Biz Lit, more, Russell Jackson] Senate anti-arbitration hearing could have used more truth in advertising [PoL]
- Pols want to fast-track favored L.A. stadium against environmental suits under California’s obstructor-friendly CEQA. Hmmm… why not fast-track everyone else too? [Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner]
- State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette]
- One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr]
Tagged as:
arbitration,
California,
criminals who sue,
environment,
FDA,
harassment law,
Ninth Circuit
- Pre-terror-attack antibiotic availability? HHS doesn’t think you’re sophisticated enough to handle that freedom [Stewart Baker]
- Uh-oh: some New York lawmakers want “a more refined First Amendment” [Slashdot, Lucy Steigerwald]
- Wal-Mart v. Dukes decision could curb certification of some wage and hour class actions [Fox]
- “Miss. Supreme Court Removes Judge from $322M Asbestos Case Because of Dad’s Lawsuits” [ABA Journal]
- Mass. town wants to seize family motel under forfeiture law, IJ objects [Jacob Sullum, Mark Perry]
- Will FDA use its new tobacco-regulatory power to stub out cigars? [DC]
- “Dole settles pesticide litigation” [WSJ Law Blog, background]
Tagged as:
banana pesticide litigation fraud,
FDA,
First Amendment,
forfeiture,
recusals,
terrorism,
tobacco,
Wal-Mart v. Dukes
With a “Request for Comments, Data, and Information” (PDF), the Food and Drug Administration has begun laying the groundwork for mandatory sodium reductions in food processing. Caleb Brown interviewed me for a Cato podcast on the subject. For more on the furor over H.J. Heinz’s unpopular reformulation of HP Sauce at the suggestion of the British government, see Telegraph and Daily Mail accounts.
Tagged as:
FDA,
salt
- Unauthorized practice of law (UPL) regulation tends to serve interests of lawyers, not consumers [Thomas Morgan, Gillian Hadfield and more, Eric Rasmusen, George Leef, William Henderson, all at last week's Truth on the Market symposium; Bader/Examiner; related Greenfield on "lawyer practitioner" idea] In which I am described as a “voice of reason” on the notion of lawyer-deregulation [Greenfield, Bader/Open Market, earlier]
- Trial lawyer stimulus: Obama jobs bill requires states to waive defenses to lawsuits [Joel Griffith, Big Government]
- Because it’s done such a great job with drugs: government panel calls for heavier FDA hand in restricting availability of medical devices [Wajert, Beck, FairWarning] Better idea: “Moving to a Safety-Only [FDA] System” [Tabarrok on Boldrin/Swamidass]
- “Do we really need a breastfeeding discrimination law?” [Hyman]
- Welcome forum-shoppers: “St. Clair County [Ill.] Courthouse overflowing with out-of-towner law suits” [Madison County Record]
- Lawyers in black-farmer action deploy Cornell’s Theodore Eisenberg in quest for $90.8 million payday [BLT]
- “Ohio Man Sues Coworkers Who Won’t Share Mega Millions Lottery Win” [AOL; more on the evergreen lawsuit genre of co-worker lottery suits]
Tagged as:
asbestos,
FDA,
forum shopping,
lottery,
Madison County,
unauthorized practice
- Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
- “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
- After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
- “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
- Fark.com settles a patent suit for $0 (rough language);
- Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
- Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]
Tagged as:
Apple,
China,
disabled rights,
FDA,
firefighters,
Microsoft,
patent trolls,
Steve Berman,
Supreme Court,
workers' compensation
- Texas legalizes sale of home-baked goods; “Mom can come out of hiding” [KLTV; @JohnWaggoner] New York regulators order Greenmarket cheese vendors to stop custom-slicing wedges for customers [Baylen Linnekin]
- Children who take school lunch more likely to be obese than those who brown bag it [Freddoso] And is there still time to save chocolate milk? [Boston Herald on proposed Massachusetts school ban]
- “Obesity policy” in theory: “High-calorie food is too cheap” argument of NYT’s Leonhardt is open to doubt [Josh Wright] “Is obesity really contagious?” [Zoë Pollock, The Dish] Knives out among scientists debating food causes of obesity [Trevor Butterworth, Forbes] Feds look to regulate food similarly to tobacco in hope of saving money on health care [Munro, Daily Caller]
- …and practice: “Calorie counts don’t change most people’s dining-out habits, experts say” [WaPo, Richer/WLF] Obama nutrition campaign: eat as we say, not as we do [The Hill] Of recent USDA “recipes for healthy kids,” 12 of 15 would not have met proposed FTC ad standards [WSJ] Nanny’s comeuppance? “States rein in anti-obesity laws” [WSJ Law Blog]
- “Food safety chief defends raw milk raids” [Carolyn Lochhead, SF Chronicle, earlier]
- “It’s Time to End the War on Salt: The zealous drive by politicians to limit our salt intake has little basis in science” [Melinda Wenner Moyer, Scientific American]
- After talking with experts, NYT’s Mark Bittman walks back some assertions about the European e. coli outbreak, now blamed on Egyptian fenugreek seeds [Science Mag; related, Kolata/NYT]
- “If anything, China’s food scandals are becoming increasingly frequent and bizarre.” [LATimes]
- Public criticism of activist food policy often calls forth a barrage of letters defending government role in diet. Ever wonder why? [Prevention Institute "rapid response" talking point campaign; how taxpayers help]
Tagged as:
agriculture and farming,
China,
eat drink and be merry,
FDA,
food safety,
New York Times,
obesity,
salt
Bloomberg columnist Ramesh Ponnuru tackles the pharmaceutical-shortage issue covered recently in this space.
P.S. Although it is only indirectly related to the issue of manufacturing shortages, note also the interesting reader comment on the gout drug Colchicine, known and used for millennia. Per relatively recent FDA rules, colchinine and various other older drugs, formerly “grandfathered” and free for anyone to produce, have been awarded in exclusivity to a single manufacturer, at considerable cost to consumers.
Tagged as:
FDA,
hospitals,
pharmaceuticals
I posted briefly on the Lauren Stevens acquittal last month, and now I’ve got a longer treatment up at Cato at Liberty:
…U.S. District Court Judge Roger Titus ordered the acquittal of Lauren Stevens, a former in-house lawyer for drugmaker GlaxoSmithKline, who had been charged with obstructing a federal investigation. In strong language, Judge Titus said Stevens “should never have been prosecuted” and that allowing the case to go forward to a jury “would be a miscarriage of justice.” …After the stunning dismissal, the U.S. Department of Justice was quite unapologetic, a top official suggesting that its prosecutors intended to do nothing differently in future.
The full post is here. P.S. Scott Greenfield has some additional thoughts that should not be missed.
Tagged as:
FDA,
prosecution
The U.S. Department of Justice falls flat on its face in its unsuccessful prosecution of Lauren Stevens, an in-house lawyer and vice president at drugmaker GlaxoSmithKline, on charges of lying to the government and obstructing justice during the company’s response to a Food and Drug Administration (FDA) investigation of its marketing. [Main Justice]
Tagged as:
FDA,
prosecution
