Oral arguments concluded on Monday, April 21, 2014, in the POM v. Coke (Dkt. No. 12-761) case pending before the United States Supreme Court. Click here to read what experts had to say about the arguments. To recap, POM originally challenged Coke’s marketing for Minute Maid “Pomegranate Blueberry” fruit juice blend. POM filed a Lanham Act […]
In a recent article appearing in Foodnavigator-USA.com, Emord & Associates’ principal Peter A. Arhangelsky predicts that a broad decision from the Supreme Court this year could limit food and dietary supplement manufacturers’ exposure to consumer suits in plaintiff-friendly states like California. To get there, however, the Court must hold that the FDA is the exclusive […]
Emord & Associates, P.C. is an AV-rated (highest in legal ability and ethics, Martindale-Hubbell organization) constitutional and administrative law firm located in Washington, D.C., Clifton, Virginia, and Chandler, Arizona (see emord.com). The firm has represented clients in eight successful First Amendment challenges against the Food and Drug Administration since 1999. On January 22, 2014, Emord […]
Qualified Health Claims permit nutrient-disease risk reduction claims to be made for dietary supplements without fear of FDA or FTC enforcement. The FDA allows such claims in reliance on its “enforcement discretion,” following submission of a health claim petition. The FDA’s “enforcement discretion” is a euphemism because the agency is constitutionally barred by precedent in […]
By Jonathan W. Emord FDA and EFSA censorship regimes are based on an anti-fraud or anti-deception rationale. In short, FDA presumes that deprivation of all information not officially sanctioned that expressly or impliedly links a nutrient with a disease helps prevent consumers from being misled. Likewise, EFSA presumes that deprivation of all information not officially […]
Do you think you are intelligent enough to decide for yourself the relative worth of scientific findings concerning the disease treatment and risk reduction effects of nutrients and foods? The FDA thinks you are not and that it must decide such questions for you in the first instance. Indeed, the FDA bans from the grocery […]
On April 5, 2013, the Alliance for Natural Health USA (ANH) and Certified Board for Nutrition Specialists (CBNS) each filed comments opposing a Medicare reform regulation proposed by the Centers for Medicare & Medicaid Services (CMS). CMS proposed regulatory revisions to promote program efficiency, transparency, and burden reduction. See 78 Fed. Reg. 9216-01 (Feb. 2013). […]
On April 4, 2013, AbleChild.org filed an appeal with the Connecticut Freedom of Information Commission (FOIC) seeking release of Adam Lanza’s medical records held by the Connecticut Medical Examiner’s Office. That appeal, prepared by Emord & Associates and filed by the Heitke Law Office (Rhode Island), contests the Connecticut Medical Examiner’s refusal to disclose the […]
FDA has taken a relatively hands off approach to pharmacy compounding in the past, but that may all change after steroid injections from the New England Compounding Center resulted in a deadly fungal meningitis outbreak. Under FDA’s tiered regulatory approach concerning pharmacy compounding, state boards of pharmacy regulate traditional compounding and FDA regulates nontraditional compounding. […]
It is a truism that words have multiple meanings. String them together in a sentence and greater opportunity exists for construing them to mean something other than intended by the speaker. Add to that meanings not overtly expressed but interpretable as implied and you can transform an intended meaning into an unintended one with relative […]
Whether evaluating a concept, performing regulatory due diligence, maintaining or prosecuting regulatory filings, or contesting adverse litigation, Emord & Associates provides exceptional counsel for all your litigation and regulatory needs.
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