Category:The Marketplace
The Food Safety Modernization Act is Just the Beginning of the FDA Compliance We’ve Been Waiting For
Despite the United States having one of the safest food supplies in the world, more than 48 million Americans get sick from foodborne illnesses and diseases each year, and more than 128,000 are hospitalized and 3,000 die from similar issues that are largely preventable. On January 04, 2011 President Obama signed the Food Safety Modernization Act (“FSMA”) into law. This enactment was called the “most sweeping reform” of U.S. Food Safety laws in more than seventy years. But seven years later, the act is still only partially enforced as the FDA has faced resistance from the government as well as a lack of funding. The FMSA was and is intended to enable the FDA to protect the health of the public by strengthening the food system in the United States. While change and reform in the industry are necessary, what good are new reforms if they will not be enforced for years to come?
Financing a Funeral: FTC Protection Against Providers
One of the most difficult things many of us will experience in our lifetime is the death of a loved one. Whether unexpected or a drawn out farewell, it is a situation no one can be full prepared to handle. In this moment of extreme vulnerability, most people begin the process of planning a funeral. Society has placed an incredible amount of faith in funeral directors to make sure the wishes of our loved ones are met and insure a memorable service for the living. However, this is not always the case.
How will the Supreme Court’s new rule barring the government from refusing offensive trademarks affect the marketplace?
On June 19, 2017, the Supreme Court, in an 8-0 ruling, found that the government can no longer sensor trademarks on the grounds that they may be offensive. In Matal v. Tam, the Supreme Court Justices found the seventy-one year old rule allowing the government to refuse offensive trademarks to be unconstitutional and to violate free speech and first amendment rights. The justices were unable to agree on exactly what legal standard was to apply to the present case or future cases. The revocation of this seventy-one year old rule that has affected the registration of many marks over the years is bound to have an effect on the future of trademark law and trademark litigation. Immediately following the Supreme Court’s decision, the United States Patent and Trademark Office (USPTO) was inundated with requests to register offensive trademarks.
FanFiction: Crossing the Line from Infringement to Fair Use
Over the years, the Internet has become a vast space for people to create and view content shared by millions of Internet users. The abundance of content makes it nearly impossible to regulate everything that is posted. This has created a problem for authors, songwriters, and artists whose work is protected by copyright laws, because it has become increasingly easy for anyone to use, copy, and share copyrighted works that they do not have the right to use. Copyright law exists to “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” While the Copyright Act clearly grants artists certain exclusive rights to their work, claims of infringement often cause courts to engage in subjective analyses that leave some areas of copyright protection unclear. This has been especially problematic with fanfiction. In Fanfiction, fans of existing books, movies and television shows used different elements of those works to write their own stories, which are often then posted on websites such as, fanfiction.net. Fanfiction raises questions of copyright infringement and whether online forums should be more strictly regulated to monitor compliance with copyright laws.
Cannabusiness – Banking in California
In November of 2016 voters in California passed the Adult Use of Marijuana Act which legalized the sale and use of marijuana throughout the state, similarly to states such as Colorado and Washington. Starting January 1, 2018, it will be legal to go to a licensed dispensary and purchase marijuana for personal use, without needing a medical marijuana card. However, marijuana possession or use is still a federal offense; navigating the new law can be hazy.
SEC set to change how investors elect board members
Gilbert Carrillo Executive Editor Loyola University Chicago School of Law, J.D. 2017 The Securities and Exchange Commission (SEC) is expected to propose new rules that would make it easier for shareholders to vote on board candidates nominated by investors, versus those pushed by the company’s management. What impact could this have on compliance departments? …
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Theranos: New Compliance Program Hopes to Save the Company
Gilbert Carrillo Executive Editor Loyola University Chicago School of Law, JD 2017 Edmund Tyrrell Associate Editor Loyola University Chicago School of Law, JD 2018 Theranos, the American health-tech and medical-lab-services company, recently hired two executives to oversee regulatory compliance standards. The executives were hired following Theranos receiving multiple sanctions from U.S. regulators about the …
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Mylan Medicaid Fraud Investigations
Kaitlin Lavin Executive Editor Loyola University Chicago School of Law, JD 2017 Mylan has already been under public scrutiny for increasing the price of its EpiPen allergy shots. Last week the State of West Virginia launched a Medicaid fraud investigation questioning Mylan’s price hike and compliance with drug rebate laws. Mylan Pharmaceuticals participates in …
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19 Ingredients, 2.2 Million Pounds of Product and $368.7 Million to Comply
Brittany Tomkies Executive Editor Loyola University Chicago School of Law, JD 2017 The Food and Drug Administration (FDA) issued a final rule on September 2, 2016 establishing that certain over-the-counter (OTC) consumer antiseptic wash products (i.e. antibacterial hand and body soaps) containing certain active ingredients can no longer be marketed as they are not generally …
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Big Pharma Scorecard Encouraging Greater Clinical Trial Transparency
Kaitlin Lavin Executive Editor Loyola University Chicago School of Law, JD 2017 Bioethics International (BEI), a non-profit organization, is working to improve transparency and ethics in healthcare delivery and innovation by holding pharmaceutical companies accountable for compliance with the Food and Drug Administration Amendments Act (FDAAA). Many people do not trust drug companies, believing …
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