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  • Miscellaneous

    • New CPSC Chairman is Sworn InJuly 10th, 2009

      The Consumer Products Safety Commission (“CPSC”) yesterday announced that former South Carolina State Superintendent of Education Inez Moore Tenenbaum has been sworn in as the ninth CPSC Chairman.  We previously reported on her nomination and President Obama’s plans to expand the CPSC from the current …

    • FDA Law Blog is now on Twitter!July 8th, 2009

      Sigh.  We've been dragged (kicking and screaming) into the 21st Century.  So, we've put down our quill pens and are now twittering at www.twitter.com/fdalawblog.  Many of our "tweets" will link to the blog, but we will also be putting up other FDA-related news and updates …

    • August 1, 2009 – FTC’s New Identity Theft Rule Probably Requires You To ComplyJuly 1st, 2009

      By William T. Koustas & John R. Fleder – FDA-regulated businesses are certainly closely regulated by FDA and other federal agencies.  However, one area that many of these businesses erroneously believe does not affect them is the federal laws and regulations that apply to identity theft.  The …

    • Implementation of the Family Smoking Prevention and Tobacco Control Act: FDA Wants to Hear From YouJune 30th, 2009

      By David B. Clissold & Ricardo Carvajal – In an unusually open-ended request, FDA is asking “all interested parties to provide information and share views” on FDA’s implementation of the Family Smoking Prevention and Tobacco Control Act ("Tobacco Act"), which was signed into law on …

    • FDA Redesigns Website to Improve the “Look and Feel” of All FDA Websites; FDA Law Blog URL ChangesJune 3rd, 2009

      FDA recently launch a redesigned website that is aimed at improving the “look and feel” of all FDA websites.  According to the Agency: The new site organization is intended to allow you to find information more quickly: Information is categorized by topic for easier retrieval, with …

    • The Only Thing to Fear is FERA ItselfMay 22nd, 2009

      By Michelle L. Butler – On May 20, 2009, the President signed the Fraud Enforcement and Recovery Act of 2009 (“FERA”), which is purported to be aimed at improving enforcement of fraud, including fraud related to Federal assistance and relief programs.  Among other things, this …

    • DC Circuit Decision Highlights Importance of Discretion Under New Administration’s FOIA PolicyMay 19th, 2009

      By JP Ellison – We previously reported on the President’s FOIA Memorandum and the Attorney General’s FOIA Guidelines encouraging discretionary disclosure.  Today, the D.C. Circuit handed the Administration a FOIA win that shows the importance of such discretionary disclosures, given FOIA’s exemptions.  In CREW v. …

    • President Obama to Nominate New CPSC Chair and Commissioner; Will Also Increase CPSC FundingMay 6th, 2009

      By John R. Fleder – On May 5, 2009, the White House announced that President Obama intends to nominate former South Carolina State Superintendent of Education Inez Moore Tenenbaum as Chair of the United States Consumer Product Safety Commission (“CPSC”) and also University of North Carolina …

    • Supreme Court Limits Court Review of Government’s Change of PolicyApril 28th, 2009

      By John R. Fleder – On April 28, 2009, the United States Supreme Court issued an important ruling on an administrative law issue.  In FCC v. Fox Television Stations, the Court by a 5-4 vote ruled that the FCC had properly explained its decision that …

    • Supreme Court Issues Decision that Maintains the Flexibility of Appellate Courts to Stay Government Orders Pending AppealApril 23rd, 2009

      By JP Ellison & John R. Fleder – The Supreme Court’s April 22, 2009 decision in NKEN v. HOLDER relates to expediting the removal of aliens from this country.  The decision merits mention here because it preserves the ability of appellate courts to stay government action pending …

    • DOJ Guidance Addresses the Obama Administration’s Openness Policy With Respect to the Freedom of Information ActApril 21st, 2009

      By Ricardo Carvajal & John R. Fleder – On April 17, 2009, DOJ’s Office of Information Policy (“OIP”) issued guidance to federal agencies on President Obama’s FOIA Memorandum of January 21st and Attorney General (“AG”) Holder’s subsequent FOIA March 19th guidelines.  The President’s FOIA memorandum directed …

    • David C. Vladeck to Head the FTC’s Bureau of Consumer ProtectionApril 14th, 2009

      By Kurt R. Karst –       On April 14, 2009, the Federal Trade Commission (“FTC”) announced that Chairman Jon Leibowitz has appointed six senior new staff members, including former Public Citizen Director David C. Vladeck.  According to the FTC announcement: David C. Vladeck, who will serve as Director …

    • Nanotech Update: FDA Announces Collaboration With Alliance for NanoHealth To Speed Development of Medical ProductsMarch 10th, 2009

      By Ricardo Carvajal –       FDA has announced a collaboration with the Alliance for NanoHealth ("ANH") that will aim to “expand knowledge of how nanoparticles behave and affect biologic systems, and to facilitate the development of tests and processes that might mitigate the risks associated with nanoengineered …

    • Is This the Year for FDA Regulation of Tobacco Products?March 8th, 2009

      By David B. Clissold – It seems likely that the answer will be “yes.”  The Family Smoking Prevention and Tobacco Control Act (H.R. 1256) is on a fast-track under the new administration.  The bill passed the House Energy and Commerce Committee by an overwhelming margin …

    • FDA Law Blog Turns Two “Blog Years” OldMarch 6th, 2009

      When Hyman, Phelps & McNamara, P.C. launched the FDA Law Blog 2 years ago today – Is that 14 in “blog years”?  It certainly seems like it, if not more! – we could hardly imagine how successful it would become and how our subscribers (and the …