2021 Cannabis Review and 2022 Outlook: States Will Continue to Lead the Charge, Possibility of Federal Landscape Shift, Plus Other Drugs JONATHAN HAVENS, SETH GITNER & ADAM FAYNE*  Despite federal cannabis reform stalling in 2021, states showed no signs of slowing down in establishing or expanding medical and/or adult-use (i.e., recreational) cannabis programs. At [...]

Bell v. Publix Super Mkts., Inc.  FRANCISCO CABRERA LOPEZ & MITAL PATEL* Why It Made the List Class action litigation over labeling on food products continues unabated as courts across the nation face a steady stream of cases from plaintiffs alleging that they are misled by product labels. Courts are left with the difficult [...]

California Chamber of Commerce v. Becerra AUGUST T. HORVATH*  An aphorism often misattributed to Mark Twain goes, “It ain’t what people don’t know that causes trouble, it’s what they know that ain’t so.” Knowing something that isn’t so (or, at least, isn’t proven) caused trouble for the State of California in its Proposition 65 [...]

Black v. DJO Global, Inc. WILLIAM M. JANSSEN* Why It Made the List One sign that an author has risen from fame to legend is when the author’s works are so widely known and remembered that they shift from stories to symbols, tales to metaphors. Hans Christian Andersen’s The Emperor’s New Clothes is a [...]

Moore v. Trader Joe’s Co. GENNA LIU, RENE BEFURT & REBECCA KIRK FAIR* Why It Made the List What information may be relevant when evaluating whether a reasonable consumer would be misled by a product’s labeling? In Moore v. Trader Joe’s Co., the United States Court of Appeals for the Ninth Circuit reinforced the [...]

Ford Motor Co. v. Montana Eighth Judicial District Court: The Supreme Court Revisits Specific Personal Jurisdiction ANAND AGNESHWAR, ANNA K. THOMPSON & JOCELYN WIESNER* Why It Made the List Last year, the U.S. Supreme Court yet again weighed in on personal jurisdiction. Since 2011, the Court has redefined all-purpose jurisdiction, concluding in no uncertain [...]

Significant Regulatory, Compliance, and Enforcement Developments, 2021 STEPHANIE PHILBIN & LAUREN FARRUGGIA*  The COVID-19 pandemic continued to dominate the U.S. Food and Drug Administration’s (FDA or agency) priorities for 2021, with FDA making some substantial regulatory changes, including some spurred by the proliferation of new SARS-CoV-2 viral mutations. Meanwhile, FDA continued to devote significant [...]

2021 Significant Settlements JUSTINE E. LENEHAN* I. Introduction This chapter summarizes a selection of significant settlements in 2021 between members of the food and drug industry and the U.S. Food and Drug Administration (FDA) alongside the U.S. Department of Justice (DOJ). The enforcement authority of FDA and DOJ includes both civil penalties and criminal [...]

Food and Drug Cases to Watch in 2022 JAMES M. BECK, RENE BEFURT, AUGUST T. HORVATH, WILLIAM JANSSEN & GINGER PIGOTT* We asked our Top Cases chapter authors for their picks on which current litigations, regulatory actions, and other developments have the potential to change the food and drug landscape in the balance of [...]