Regulating Food and Drug Companies Privately: A View of Lanham Act Cases Brought Against FDA-Regulated Products

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Regulating Food and Drug Companies Privately: A View of Lanham Act Cases Brought Against FDA-Regulated Products

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dc.contributor.advisor Hutt, Peter Barton en_US
dc.contributor.author Lantieri, Paul en_US
dc.date.accessioned 2012-06-29T19:07:49Z
dc.date.issued 2001 en_US
dc.identifier.citation Regulating Food and Drug Companies Privately: A View of Lanham Act Cases Brought Against FDA-Regulated Products (2001 Third Year Paper) en
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:8944677
dc.description.abstract The Lanham Act provides a flexible self-help remedy to food and drug companies that are harmed by unfair competition in the marketplace. But is it desirable for private litigation to become the de facto regulation of the industry? In an FDA regulation concerning a warning on OTC drug labels, the agency asserted that “it is in the best interest of the consumer, industry, and the marketplace to have uniformity in presentation and clarity of message.â€99 However, increased regulation through private litigation can send a muddled and inconsistent message to food and drug companies. Private companies have their business interests in mind, and may even ask for damages. This is why the role of the FDA enforcement cannot be pushed aside, or replaced by private litigation. Although many of the cases discussed herein involved disputes over product claims that did not place public health at risk, ensuring truthful labeling and advertising for food and drugs nevertheless plays a vital role in protecting public health and safety. en
dc.language.iso en_US en
dash.license LAA en_US
dc.subject Food and Drug Law en
dc.subject FDA en
dc.subject Lanham Act en
dc.title Regulating Food and Drug Companies Privately: A View of Lanham Act Cases Brought Against FDA-Regulated Products en
dc.type Paper (for course/seminar/workshop) en_US
dc.date.available 2012-06-29T19:07:49Z

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