* In an unprecedented move, Health Secretary Kathleen Sebelius has overruled the FDA. Looks like the Obama administration thinks that Plan B will turn little girls into promiscuous prosti-tots. [Wall Street Journal]
* Due to this ruling, Occupy Boston protesters will probably have to STFU and GTFO. Bring out the brooms, because this will be the only sweep that Red Sox Nation gets to see for a while. [Bloomberg]
* Hopefully UVA Law student Joshua Gomes has some transcript paper stashed away, because with a bond hearing on December 12, he’s probably going to be missing some finals. [The Hook]
* The spouses of the Supremes have published Chef Supreme, a cookbook dedicated to RBG’s husband, famed tax lawyer Martin Ginsburg. Better title: Article III Gourmand. [Blog of Legal Times]
* Lovely Hooters ladies in California will no longer have to pay for their uniforms thanks to this class action settlement. Stay tuned for smaller, tighter uniforms in light of budgetary constraints. [KCRA 3]
* Should the Supreme Court be forced to televise oral arguments? Yes, but only on the condition that we get spin-off shows called Wise Latina Justice and Ruthie’s Law. [WSJ Law Blog]
* Rod Blagojevich won’t get leniency during sentencing. He’ll spend the next week lamenting the fact that can’t brush his beautiful hair like Marcia Brady while in prison. [Bloomberg]
* Brynee Baylor, a D.C. attorney, has been charged with fraud by the SEC. Hey, sometimes you gotta do what you gotta do to get yourself a pair of Jimmy Choos. You go girl. [Blog of Legal Times]
* Plan B, the morning-after pill, may soon be available on drugstore shelves thanks to the FDA. But so what? Plan A, keeping your legs closed, is a much cheaper alternative. [New York Daily News]
* Pakistani actress Veena Malik is suing FHM for $2M. She only wanted to go topless on the cover, but she claims they made her look full on nude. Have at it, pixel inspectors. [New York Magazine]
If we try hard enough, I bet we can blame the entire collapse of the American economy on some Lehman Brothers dudes who had too much Four Loko.
We’ve been following the successful crusade to get the original Four Loko banned because of its “dangerous” combination of caffeine and alcohol. Outlawing one specific mixture of alcohol and caffeine in a society where both alcohol and caffeine are abundant has always seemed stupid to me. It’s blaming a drink manufacturer for other people’s lack of personal responsibility. Four Loko, when enjoyed responsibly, was no more dangerous than any other alcoholic drink. When it was enjoyed by idiots, stupid things happened. Banning Four Loko just encourages blaming others for your own stupid and drunken behavior.
We recently saw what has to be the height of this Four Loko lunacy. A college student was shot to death last year, and now his family is suing the makers of Four Loko….
Continue reading “Parents Try To Blame Four Loko For Son Getting Shot”
Welcome back to Above the Four Loko. In today’s episode, we find that the drink that used to combine alcohol and caffeine in really obvious ways has settled a false advertising suit with the Federal Trade Commission.
As we’ve discussed often with Four Loko, the alcoholic kick IS the appeal of the product. This drink is not getting by on its taste.
But it appears that regulators can’t grasp this simple point. So, as part of the settlement, Four Loko is being forced to make it more obvious just how potent their drink is.
Uhh… okay….
Continue reading “Four Loko Settles With FTC — Will Improve ‘Warning’ That Product Will Get You Drunk”
* Johnson & Johnson will have to fix several factories after an agreement with the FDA prompted by massive product recalls. This still doesn’t explain why my bottle of Tylenol may contain tree nuts. [Bloomberg]
* Charlie Sheen hammered out a custody agreement With Brooke Mueller. That’s nice. [People Magazine]
* Texas may consider a law that would make losers pay attorneys’ fees. Easy, New York Mets. Not all losers. Just those who lose lawsuits. [New York Times]
* A discussion of the legal complaints lodged against the Wisconsin Legislature for Wednesday night’s votes. You know who’s not complaining? This guy. [Wisconsin State Journal]
* A former assistant attorney general from Maine was sentenced yesterday in a child porn case. This is definitely the year of the assistant AG. [ABA Journal]
Happy Birthday Nino
* Not all people living in Idaho are racists, duh. Some are gangsters from Boston. [New York Times]
* Law firm profits and productivity were up in 2010, while demand was flat and revenue was modestly up. Someone named Dan DiPietro and someone named Gretta Rusanow tag-teamed a report all about it. [Am Law Daily]
* A former McGuireWoods partner pleaded guilty to falsifying a tax document. [ABA Journal]
* Linda Greenhouse wishes Justice Scalia a happy 75th birthday. Sort of. [The Opinionator / New York Times]
Earlier this week, we told you about a class action lawsuit filed against Taco Bell over its taco fillings. The lawsuit alleges that Taco Bell inaccurately claims to be selling “seasoned beef” when in fact it is selling “taco meat filling.”
We didn’t think Taco Bell would take these allegations lying down. The WSJ Law Blog tells us that Taco Bell lawyers are thinking outside the bun box and contemplating a countersuit.
But today brings news of a more traditional response from the fast food giant: an all-out media blitz to assure customers about the quality of its food.
Taco Bell is issuing press releases, taking out full-page ads in newspapers, and even has their president talking about the Taco Bell “seasoned beef” recipe on YouTube. Sadly, Taco Bell isn’t available on SeamlessWeb here at the office — so I can talk about the ad campaign, but can’t experience it in my belly…
Continue reading “Taco Bell Launches Meaty Offensive Over Its Beef”
This has been a bad week for: the makers of Four Loko, personal responsibility, intelligent regulation, and natural selection. The FDA put the hammer to Four Loko, announcing that caffeine was a dangerous additive to alcohol. In response, the makers of Four Loko agreed to remove caffeine from their products.
Of course, this will stop nothing. I wrote an editorial in the New York Daily News trying to help parents understand that one drink isn’t the cause of their kids’ alcohol issues:
I’ve seen people between the ages of 18 and 25 put alcohol in: coffee, soft drinks, diet soft drinks, Jell-O laced with pixie sticks (for the sugar – but it’s the same principle), and, of course, Red Bull. I’ve seen fat people pop diet pills in the middle of a bender to stave off the coming dawn. I’ve seen a person crush up Ritalin pills, place them in champagne, and call it a celebration. I’m just describing, not endorsing, these habits.
This regulation is utterly futile. There is already a YouTube clip which instructs people how to make their own Four Loko.
You can read me taking a flamethrower to the Nanny State at the Daily News. It’s a preview of what I’ll be saying once FDA makes caffeine a schedule 4 controlled substance or something.
Four Loko ban a crazy idea: Do what you will, young people will still mix caffeine and alcohol [New York Daily News]
Earlier: Nannies Win: Four Loko Stops Shipments to New York State
A candy company’s been under some scrutiny lately about their new drink mix, which they innocently named “Blow.” It comes in little clear packets and supposedly gives you lots and lots of energy. Athough it probably doesn’t work as well as that Adderall you have in your desk, it is likely much cheaper.
In any event, get your Blow now if you want it. The FDA is mighty displeased, and they’ve threatened legal action if the company doesn’t “rehab” its image. Hmm, what other drug-related words can we pack into this story?
Last Friday, something happened that made Walter Olson, the distinguished scholar and “intellectual guru of tort reform,” a very happy man:
“The government on Friday rescinded a 14-year ban on silicone gel implants for cosmetic breast enhancement, a decision praised by some for providing women with a better product but criticized by others who still question their safety. … After rigorous review, the [Food and Drug Administration] can offer a ‘reasonable assurance’ that silicone implants are ‘safe and effective,’ said Donna-Bea Tillman, director of the FDA Office of Device Evaluation.” (Ricardo Alonso-Zaldivar and Daniel Costello, Los Angeles Times, Nov. 18).
Silicone breast implants, available to consumers in most other countries, were driven from the market after a campaign of speculation and misinformation by trial lawyers and allied “consumer” groups, particularly Dr. Sidney Wolfe’s Public Citizen Health Research Group. The campaign resulted in billions in legal settlements over nonexistent autoimmune effects from the devices, none of which had to be repaid even after more careful scientific studies dispelled the early alarms.
We suspect Mr. Olson isn’t the only American male who was gladdened by this news.
FDA ends ban on silicone breast implants [Overlawyered]
F.D.A. Will Allow Breast Implants Made of Silicone [New York Times]
Memorable Quotes from Seinfeld (1990) [IMDb]
