- On March 2, 2026, the Personal Care Products Council (PCPC) filed a lawsuit in federal court challenging California’s Proposition 65 cancer warning requirement for diethanolamine (DEA). Proposition 65 is a
FIRST AMENDMENT
Court Enjoins Enforcement of Arkansas Meat Labeling Law
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- On September 30, 2022, a federal Court permanently enjoined Arkansas from enforcing provisions of a state law (Arkansas Code § 2-1-305(2),(5),(6),(8),(9), and (10)) which would have prevented Plaintiff
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Continue Reading Court Enjoins Enforcement of Arkansas Meat Labeling Law
First Amendment Lawsuit Against FDA Over Labeling of Skim Milk with No Vitamins A and D Added
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Dairy Co. Sues FDA Over ‘Imitation’ Skim Milk Labeling Rule (subscription to Law360 required)
- South Mountain Creamery, a family-owned dairy in Maryland, sued the Food and Drug Administration (FDA) in
Pharma and the First Amendment
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Amarin settlement paves way for “off-label” promotion of omega-3 product.
- As previously covered on this blog, the pharmaceutical industry has been awaiting the resolution of the groundbreaking Amarin case.
GMA on GMO
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GMA continues its fight in the GM labeling arena.
- The effective date for Vermont’s GM labeling law is July 1, 2016. Absent a federal legislative solution or a victory in
State Support
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States support Vermont’s position in GM labeling lawsuit.
- As previously covered on this blog, the lawsuit brought by the Grocery Manufacturers Association (GMA) and other trade associations to challenge
Fish Oil and the First Amendment
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Federal court ruling paves the way for off-label promotion of fish oil product.
- FDA’s historical position is that “off-label promotion” — the promotion of pharmaceutical products for unapproved uses —