Advertising Risk

Apfel, Gary; Thompson, Bryan M.
March 1999
Marketing Management;Spring99, Vol. 8 Issue 1, p58
The article focuses on two cases in which the court ruled that manufacturers can be subjected to liability for false product advertisement. A federal law known as the Securities Exchange Act of 1934 governs virtually all aspects of the public trading of securities. This law regulates the securities markets, stock exchanges, stockbrokers, and issuers of securities. Section 10(b) and Rule l0b-5 have a broad reach and can affect a wide range of behavior, as is illustrated by a case that arose a number of years ago involving Texas Gulf Sulphur Co. Texas Gulf Sulphur, a mining company, had begun exploratory activities in eastern Canada. It drilled a test hole in the area that revealed a potentially large amount of zinc and copper. The Second Circuit case arose in July 1993, when Felbatol, a new anti-epileptic drug produced by Carter-Wallace Inc., was approved by the Food and Drug Administration for sale as a prescription medication. The following month, Carter-Wallace began selling Felbatol, hailing it as the first major anti-epileptic drug to be introduced in the United States in over 15 years.


Related Articles

  • "Supplementing" the DSHEA: Congress Must Invest the FDA with Greater Regulatory Authority over Nutraceutical Manufacturers by Amending the Dietary Supplement Health and Education Act. Azizi, Rahi // California Law Review;Apr2010, Vol. 98 Issue 2, p439 

    The article suggests that the Congress must invest in the Food and Drug Administration (FDA) with greater regulatory authority by amending the Dietary Supplement Health and Education Act (DSHEA) in the U.S. It discusses DSHEA's legislative history and inadequacies and assesses the type of...

  • Tria Beauty Sues Two Firms.  // WWD: Women's Wear Daily;11/10/2010, Vol. 200 Issue 100, p10 

    The article reports that Tria Beauty Inc. has filed a lawsuit against Radiancy Inc. and Oregon Aesthetic Technologies Inc. in a federal district court in San Francisco, California accusing them of false advertising and unfair competition. As reported, Tria, alleged that it has U.S. Food & Drug...

  • FDA charges Guidant in failure to report defibrillator problems.  // Fire Engineering;May2010, Vol. 163 Issue 5, p34 

    The article reports on criminal charges filed by the U.S. Food and Drug Administration against Guidant LLC, a subsidiary of Boston Scientific Corp., for violations of the Federal Food, Drug and Cosmetic Act related to safety problems with some of its implantable defibrillators.

  • Legal blows to FDA hit deep. Dickinson, James G. // Medical Marketing & Media;Apr99, Vol. 34 Issue 4, p14 

    Reports on the implications of the legal defeats of the United States Food and Drug Administration (FDA). Judge Royce Lamberth's decision on the Washington Legal Foundation; FDA plea for clarification.

  • The war against contamination.  // Nutrition Health Review: The Consumer's Medical Journal;Spring90, Issue 54, p12 

    Presents a summary of recent court actions against violators of the US Food and Drug Administration (FDA) policies packaging, importation and processing of food products. Includes failure to comply with the quality control standards; Food production under unsanitary conditions; Lack of adequate...

  • NACS files tobacco suit response.  // National Petroleum News;Jan96, Vol. 88 Issue 1, p7 

    Reports that a federal lawsuit filed against the Food and Drug Administration was filed by the National Association of Convenience Stores. Why the file was made; Other companies involved in the suit; Dismissal by government.

  • Depomed files suit against FDA seeking orphan drug exclusivity for PHN drug.  // PharmaWatch: CNS;Nov2012, Vol. 11 Issue 11, p21 

    The article reports on the lawsuit filed by Depomed Inc. against the U.S. Food and Drug Administration (FDA) with the federal district court for the District of Columbia to compel the FDA to grant Gralise or gabapentin orphan drug exclusivity for the treatment of post-herpetic neuralgia (PHN).

  • Vermont to sue FDA over Rx importation.  // Drug Topics;8/23/2004, Vol. 148 Issue 16, p9 

    Reports on the plan of Vermont to sue the U.S. Food and Drug Administration for denying its request to import medication from Canada.

  • OBSERVATIONS. Formanek Jr., Ray // FDA Consumer;Sep/Oct2002, Vol. 36 Issue 5, p2 

    Comments on the advertising that falsely claims that it is legal to import drugs into the United States for personal use. Prohibition of unapproved, misbranded, and adulterated drugs by the Federal Food, Drug, and Cosmetic Act; Dangers associated with imported drugs; Efforts by the Food and...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics