Keeping The FDA Honest: Interpreting Label Claims

Law360, New York (April 8, 2009, 12:00 AM EDT) -- In Lewis Carroll’s Through the Looking Glass, Humpty Dumpty famously declares that “Words mean what I say they do. No more, and no less.”

In a thoughtful opinion for a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in U.S. v. Farinella, ___ F. 3d ___, Nos. 08-1839, 08-1860 (March 12, 2009), Judge Richard Posner rejected the U.S. Food and Drug Administration’s (FDA’s) analogous logic as inadequate to establish that labeling is “misleading” and hence in violation of the “misbranding” provisions of the...
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