Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FDA Notice Clarifies Past Federal Preemption Policy Statements

The Food and Drug Administration (“FDA”) recently completed an evaluation of the legal basis for federal preemption policy statements the agency has issued under the Federal Food, Drug & Cosmetic Act (“FDCA”) during…

FTC Seeks Comment Regarding Retail Food Store Advertising and Marketing Practices Rule

Posted by Sarah Roller On August 18, 2011 the FTC issued a request for public comment and advance notice of proposed rulemaking (ANPR) as part of the Commission's review of the costs, benefits, necessity, and…

FDA to Host Public Workshop on Mobile Medical Apps Guidance

The FDA announced that it will host a public workshop on September 12th and 13th, 2011 to gather input on the agency’s recently issued draft guidance document, “ Mobile Medical Applications .” The FDA issued the…

Supreme Court Rules on Generic Drug Labeling Preemption

On June 23, 2011, the Supreme Court rendered its decision in Pliva, Inc. v. Mensing holding that FDA regulations governing generic drug products directly conflict with and preempt state laws that would require generic…

Non-Profit Sues 34 Sellers of "Organic" Cosmetics

Last week, the Center for Environmental Health, a non-profit organization, filed a complaint in California Superior Court alleging that 34 cosmetics companies violated the California Organic Products Act of 2003…