Food and Drug Law

Does anybody really think Red Bull is good for you? For a moment, I’m not talking about legal standards or product safety or efficacious warning labels. I’m asking, just between us, don’t we all know that ingesting caffeine and sugar bombs is not a healthy thing? People aren’t supposed to have wings. We are terrestrial beings. I’d guess that every ingested substance that has ever made humans feel like they’ve slipped the bonds of gravity is bad for you.

A Brooklyn man downed a Red Bull, played some basketball, had a heart attack, and died. Does it really surprise anybody that this happens every now and again?

Okay, now put your “law talking” hats back on. Is it a wrongful death when somebody drinks something, dies, and everybody besides the manufacturer kind of shrugs and thinks, “Yeah, that’ll dog you”? This lawsuit alleging fraud, failure to warn, and breach of warranty by Red Bull manufacturers is surprising only insofar as it hasn’t been brought a hundred times already…

double red triangle arrows Continue reading “Red Bull Gives You… Cardiac Arrest?”

Here are three true statements:

(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.

So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.

Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.

How?

double red triangle arrows Continue reading “When Buying Off A Litigant Is Also Buying Off A Competitor”

I guess soda pushers will have to go back to slinging rocks.

In case you haven’t been following along with developments inside Mike Bloomberg’s militarized nanny state, last year our elected tyrant outlawed the sale of soda in sizes over 16 ounces at movie theaters and other public places. The mayor felt that nobody needed more than 16 ounces of soda in one sitting, notwithstanding the fact that nobody asked him what my mother thinks.

The law sparked a lawsuit, and today a judge overturned Mayor Bloomberg’s ban.

Bloomberg was not immediately available for comment, most likely because his lawyers were busy drawing up documents to move forward with Bloomberg’s new purchase of the “New York Supreme Court”….

double red triangle arrows Continue reading “Judge Overturns NYC Soda Ban; NOW WE JUST NEED SOME POP ROCKS!”