Recent Ninth Circuit Ruling on Nutrition Labeling is a Win for Consumers

March 24, 2015

On March 13, 2015, the U.S. Court of Appeals for the Ninth Circuit issued a consumer-friendly decision in Reid v. Johnson & Johnson, a false advertising case concerning assertions made by a Johnson & Johnson subsidiary about its product Benecol.

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CFPB Study Confirms Arbitration Clauses Do Not Benefit Consumers

March 11, 2015

If you ask a company representative if they think arbitration clauses are harmful to consumers, more than likely, they will say no. If you ask the average consumer if they think arbitration clauses are harmful to consumers, they will ask

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Direct-to-Consumer Advertising: Is Less Really More?

February 12, 2015

At the heart of a case involving a prescription drug is the question of risks – what risks exist, what risks were known, and what risks were warned about. All of us have seen prescription drug advertisements that include a

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Eric Garner, Michael Brown and You

December 10, 2014

The deaths of Eric Garner and Michael Brown have brought several topics to the forefront of public discussion in recent weeks. Questions of racial profiling, discrimination and the threat of an increasing police state have bubbled up into the public

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Arbitration Clauses: Coming Soon to an Online Customer Service Agreement Near You

October 29, 2014

Earlier this year, I wrote about the online storage company Dropbox adding an arbitration clause to its customer service agreement. It seems Dropbox is in very good company on the Internet these days. According to New York Times blog “The

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Generic Drug Labeling: The Saga Continues

October 22, 2014

Almost a year ago, I eagerly wrote about the FDA’s proposed rule that would permit generic drug manufacturers to unilaterally change the warnings on their product labels, effectively overturning the Supreme Court’s decision in PLIVA v. Mensing. Currently, a generic

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The Fallout from Hobby Lobby

July 18, 2014

On June 30, 2014, the United States Supreme Court handed down a landmark ruling in Burwell et al. v. Hobby Lobby Stores, Inc., et al. that has triggered a tidal wave of responses and opinions.  Under the Affordable Care Act (ACA),

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The High Price of Easy Money: Another Bill Comes Due

July 01, 2014

Consider the following: Banks lure consumers into substantial loans in return for minor payments in the near-term. The loan payments eventually adjust to include both the interest and principal amount. Consumers lack the resources to cover the higher payments; a

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Hall of Shame: Experian

June 20, 2014

As someone who has experienced a (relatively minor) case of identity theft, I can personally attest to how frustrating and time consuming it can be to correct blatant misinformation with the various consumer credit reporting companies.  Proving that I was

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Trix Aren’t Just for Kids: How Companies Want to Take Away Your Right to a Jury Trial

April 21, 2014

In a bold move that challenged the basic tenets of contract formation, General Mills quietly updated its Privacy Policy on April 2 to include a mandatory, binding arbitration clause and class action waiver.  And while simple updates to Internet privacy

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