HO&P BLOG

FDA black box warning states lidocaine, benzocaine gel for infants teething pain can be fatal

The U.S. Food and Drug Administration is warning that prescription oral viscous lidocaine 2 percent solution and over-the-counter products containing benzocaine should not be used to treat infants and children with teething pain. In fact, no medicine should be used for teething pain. Read the full article…

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One World Technologies pays $4.25 million civil fine for defective minibikes, go-carts

The U.S. Consumer Product Safety Commission (“CPSC”) announced that One World Technologies Inc. (“One World”), of Anderson, S.C., has agreed to pay a $4.3 million civil penalty to settle charges that the firm knowingly failed to immediately report to CPSC defects and an unreasonable risk of serious injury involving 11 models of minibikes and go-carts it manufactured and sold in the U.S. Read the full article…

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Dump truck ordered to pay $42 million in damages to two men who suffered brain injuries in Cleveland crash

A Cleveland, Ohio jury awarded a $42 million verdict to two men who were injured in a November 2010 accident involving a dump truck collision on the Lorain-Carnegie Bridge. Brian English was driving a truck for Concrete Styles, and Jovanny Martinez was driving a Honda. The plaintiffs in the lawsuit, Joshua Rojas and Kiara Torres, were passengers in the Honda. The automobiles were headed east toward downtown. Read the full article…

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Lawsuits and FDA expert panel continue to question the safety of testosterone therapy

Evelyn Calvillo lost her husband to the use of the popular testosterone supplement AndroGel, according to the lawsuit she has filed. Calvillo alleges that the companies behind the testosterone supplement failed to adequately warn people like her husband about the potential for serious testosterone side effects. Calvillo is one of many plaintiffs alleging the drug companies failed to properly warn about the risk of strokes and heart attacks posed by testosterone therapy. Read the full article…

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Prescription painkiller overdoses cause 16,000 deaths in U.S. each year, new study shows

In 2012, health care providers wrote 259 million prescriptions for painkillers, enough for every adult in the United States to have a bottle of pills, according to the Centers for Disease Control and Prevention. In 2010, enough prescription painkillers were sold to medicate every adult in the country with the typical dose of 5 milligrams of hydrocodone every four hours for a month, according to the CDC. On average, 46 people die from prescription drug overdoses each day. Read the full article…

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Words like ‘how’ and ‘smart’ and the evolving world of trademark law

Chobani yogurt has mounted an advertising campaign based on the phrase “How Matters.” For example, the Chobani website notes, “HOW WE MAKE OUR PRODUCT MATTERS. A cup of yogurt won’t change the world, but how we make it might” and “How we do business matters to us, because we believe in doing business the right way.” Read the full article…

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AT&T faces FTC lawsuit for reducing data speeds on customers with unlimited data smartphone plans

The Federal Trade Commission has filed a federal lawsuit against AT&T alleging the company has misled millions of smartphone customers by promising “unlimited” data plans while reducing their data speeds, in some cases by almost 90 percent. The FTC says that AT&T has received thousands of complaints about the slow data speeds under the throttling program. Read the full article…

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Federal Trade Commission files lawsuit against Gerber for falsely claiming its infant formula can prevent allergies

The Federal Trade Commission has filed a lawsuit against Gerber Products for deceptively advertising that feeding the company’s Good Start Gentle baby formula to infants with a family history of allergies will prevent or reduce the risk that the infant will develop allergies. Gerber does not have evidence to back up the claim, according to the FTC. Gerber also falsely advertised that the allergy health claim had been approved by the FDA, according to the lawsuit. The FTC is seeking to prohibit Gerber from making the alleged false and unsubstantiated allergy-prevention claims. Read the full article…

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Virginia jury orders Mazda to pay $20 million to woman paralyzed by defective Miata windshield

Back in 2006, 35-year-old Shannon Walters was driving her 1995 Mazda Miata convertible on Virginia 619 (Turner Branch Road) in Bedford County, Virginia. The canvas top on her convertible was up. Walters was forced to swerve to the left to avoid a plastic swimming pool that fell from the bed of a pickup truck that was traveling in front of her. The pickup did not stop and its driver was never located. Walters swerved to avoid the airborne plastic pool and veered off the road. She lost control and her Miata flipped and came to rest on its roof. Read the full article…

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