Clear Evidence Clarified (Open Access)

Clear Evidence Clarified Eric Lindenfeld ABSTRACT In 2009, the Supreme Court introduced the “clear evidence” standard for the defense of federal preemption in the pharmaceutical products liability context. For the next ten years, the contours of the standard were inconsistently applied by courts. The Supreme Court’s 2019 decision in Merck Sharp & Dohme Corp. [...]

Clear Evidence Clarified (Open Access)2021-07-22T15:01:00-04:00

Animal-Based Medical Diagnostics: A Regulatory Problem (Open Access)

Animal-Based Medical Diagnostics: A Regulatory Problem Matthew Avery and Makenzi Galvan ABSTRACT Fears of global pandemics due to outbreaks of highly virulent diseases like the novel Coronavirus disease of 2019 (COVID-19) have boosted interest in rapid and non-invasive diagnostics. One solution is to use animal-based diagnostics, which have the potential to be more accurate [...]

Animal-Based Medical Diagnostics: A Regulatory Problem (Open Access)2021-07-22T15:01:08-04:00

After the Juice Wars: The Post-POM Wonderful Legal Landscape and its Implications for FDA-Regulated Industries

After the Juice Wars: The Post-POM Wonderful Legal Landscape and its Implications for FDA-Regulated Industries Rachel Simon ABSTRACT Five years have passed since POM Wonderful LLC v. Coca-Cola Co. established that the Federal Food, Drug, and Cosmetic Act (FDCA) does not preclude Lanham Act claims targeting FDA-regulated beverages. Few scholars, however, have evaluated the [...]

After the Juice Wars: The Post-POM Wonderful Legal Landscape and its Implications for FDA-Regulated Industries2023-02-15T14:11:30-05:00
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