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THE INTERPLAY BETWEEN
THE FOOD, DRUG
AND COSMETIC ACT
AND
FALSE ADVERTISING LAW
March 24, 2009
View the Program Flyer here.
Kramer Levin Naftalis & Frankel LLP and the
National Advertising Division (NAD) of the Council of Better Business
Bureaus hosted, at the firm’s law offices in New York
City, the first
Coffee, Croissants and CLE Program. Kramer Levin litigation partners Harold P. Weinberger and
Norman C. Simon, and NAD Staff Attorney Kathleen Dunnigan led the
program.
The presentation, entitled The Interplay between the Food, Drug & Cosmetic Act and
False Advertising Law, examined the
relationship between the Food Drug and Cosmetic Act and the Lanham Act,
the federal law under which false advertising claims are
brought. The presentation examined how and
when statements about Food and Drug Administration approval of a drug,
or claims related to a drug’s bioequivalence or superiority to a
generic version, may be challenged under the Lanham Act or through a
proceeding brought at NAD.
To provide background for this discussion, Messrs.
Weinberger and Simon provided a broad overview of the types of
actionable claims that may be brought under the Lanham Act, the types of
proof required to support such claims and the types of damages available
to successful plaintiffs. As a counterpoint
to this discussion, Ms. Dunnigan highlighted the differences between
Lanham Act and NAD challenges, such as differing burdens of proof and
remedies, as well as a program of voluntary compliance with NAD
decisions.
 
 
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