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Pharmaceutical Company Manager Sentenced for Off-label Marketing A Branchburg, New Jersey woman who was employed as Regional manager of a Pharmaceutical company was sentenced upon criminal conviction for having instructed sales reps to market a drug product for conditions for which it had not been approved. The drug, Bextra, was a Cox-II inhibitor which had been approved for symptoms of osteoarthritis, and rheumatoid arthritis but which had not been approved for acute pain in general, including the pain of surgery. The FDA had told the company that it could not approve the product for these other conditions without further tests and studies to assure safety and efficacy.
New Federal Law Regulates Gift Certificates and Gift Cards On May 25, 2009, President Obama signed the Credit Card Accountability, Responsibility and Disclosure (CARD) Act of 2009. The Act amends the Truth in Lending Act and imposes a number of new requirements on gift certificates, store gift cards, and general use prepaid cards by putting limits on expiration dates and fees that can be imposed, and setting forth new disclosure requirements. The new law will become effective on August 22, 2010.
Settlement with Verizon Wireless Establishes Standards for Advertising on Websites On June 24, 2009, Florida's Attorney General announced a $1.5 million dollar settlement with Verizon Wireless and Alltel over "free" ringtone offers. The settlement, the latest in a continuing series of enforcement action in the mobile space by the Florida Attorney General's office, is very important to mobile marketers because it require the implementation of a series of detailed "best practices" standards that impose significant compliance obligations on those involved in marketing mobile content.
Lustigman Named Industry Leader and Notable Practitioner By Chambers Andrew Lustigman, member of The Lustigman Firm, P.C., has been named an industry leader and notable practitioner in his primary practice area for the second consecutive year. The ranking appears in the internationally recognized Chambers USA Guide: America's Leading Business Lawyers 2009, a legal directory of U.S. lawyers and law firms published by London-based Chambers & Partners.
FTC Announces Actions Against Kmart, Tender and Dyna-E Alleging Deceptive 'Biodegradable' Claims On June 9, 2009 the FTC charged Kmart Corp., Tender Corp., and Dyna-E International with making false and unsubstantiated claims that their paper products were "biodegradable." Kmart and Tender have agreed to settle the cases against them; the case against Dyna-E will be litigated. With the recent growth in "green" advertising and product lines, the FTC stated it will continue its efforts to ensure that environmental marketing is truthful, substantiated, and not confusing to consumers.
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