by Judith Grubner | Dec 1, 2009 | NutriSupLaw, patents
Section 102(b) of the U.S. Patent Act prevents an inventor from getting a patent for an invention that was “described in a printed publication in this . . . country . . . more than one year prior to the date of the application” (the “critical date”). The U.S. Court...
by Joel Rothman | Nov 28, 2009 | NutriSupLaw
David Frum recently laid into the nutritional supplement industry with a guest commentary on CNN.com. The resident fellow at the American Enterprise Institute and one-time special assistant to President George W. Bush lashed out with the classic invectives against...
by Joel Rothman | Nov 22, 2009 | NutriSupLaw
The headline in the Wall Street Journal read, “New Study Gives B Vitamin a Boost” and the first sentence in the article was, “Bring out the niacin.” It turned out that a vitamin — even only a prescription formula — produced better...
by Joel Rothman | Nov 16, 2009 | NutriSupLaw
Two days of hearings before the FDA about search-based advertising for drugs produced one possible solution: fixed warnings for products. Google has proposed that its AdWords could include a hyper-linked line that warns consumers about the potential dangers of a drug....
by Joel Rothman | Nov 13, 2009 | NutriSupLaw
Ever since receiving FDA notices about their advertising generated from Google and similar searches, drugmakers have toned down their language and sought clarity on what is allowed. The discussion has ramifications for makers of nutritional supplements, because they...
by Joel Rothman | Nov 12, 2009 | NutriSupLaw
Should there be a language standard in Google ads for supplements? Drug marketers may adopt rules given the close scrutiny that the FDA is giving search-generated ads for pharmaceuticals. The Interactive Advertising Bureau is asking the feds to endorse the use of...