Friday, December 19, 2014

Caramel Apples Recall (Listeria)

U.S. and state health officials are investigating a Listeria outbreak linked to caramel apples that has killed at least four people and sickened 28 others in 10 states.
Consumers should not eat any commercially produced, prepackaged caramel apples until more information becomes available, the U.S. Centers for Disease Control and Prevention said in a news release.
As of Dec. 18, a total of 28 people had been infected with the outbreak strains of the bacteria Listeria monocytogenes. Of the 26 people who have been hospitalized, five have died. Listeria infections contributed to at least four of those deaths, the agency said.
Nine illnesses occurred in pregnant women or newborn infants, and there have been three cases of invasive illness (meningitis) among otherwise healthy children aged 5 to 15, the CDC said.
Symptoms of listeria infection include fever, chills, headache, upset stomach and vomiting. Antibiotics are typically used to treat the infection.
Of the 18 ill people interviewed so far, 15 said they ate commercially produced, prepackaged caramel apples before becoming sick. To date, no illnesses have been linked to apples that are not caramel-coated and prepackaged, or to caramel candy.
Although caramel apples are usually sold in the fall, the CDC said they may still be for sale in stores or may be in consumers' homes.
Investigators are trying to identify specific brands of caramel apples that may be linked to the outbreak, and to pinpoint the source of contamination, the CDC said.

http://www.webmd.com/food-recipes/food-poisoning/news/20141219/cdc-warns-of-listeria-danger-from-caramel-apples?src=RSS_PUBLIC

Wednesday, November 19, 2014

Solgar Inc. Recalls Dietary Supplement

The product, ABC Dophilus Powder, was found to contain the fungus rhizopus oryzae, which is linked to the infection mucormycosis. The federal Centers for Disease Control tested the powder after the October death of a preterm infant who had been given ABC Dophilus in a hospital. The baby, who had been born at 29 weeks, suffered from multiple complications, including intestinal mucormycosis, according to Solgar.

Andrea Staub, a spokeswoman for Solgar, said  that the company and the Food and Drug Administration are still investigating whether there was any connection between the product and the baby's death. She declined to give the name or location of the hospital where the death occurred.

The company initiated the recall "out of an abundance of caution," Staub said.
She said the recall involves fewer than 2,000 bottles, which were made by a subcontractor she declined to identify.

Rhizopus oryzae is found in soil and can cause mucormycosis, especially in people with diabetes, cancer, skin trauma or compromised immune systems. Otherwise healthy people can also catch the infection, though rarely, according to the FDA.
ABC Dophilus Powder is a supplement for infants and children containing "friendly" bacteria to aid in digestive health.

Friday, November 07, 2014

AMP Citrate Ingredient Causes Concerns

From USA Today:

News reports are mentioning AMP citrate, which some consider to be a close cousin of DMAA. AMP citrate is sometimes referred to as methylpentanamine.  Scientists in the United States and the Netherlands testing several products found that the amount of the new synthetic stimulant varies widely, the dosage isn't disclosed on labels, there isn't much evidence that the chemical is natural and none that it's safe in humans. 

Read more here: http://www.usatoday.com/story/news/nation/2014/10/08/amp-citrate-stimulant-dietary-supplements/16827669/

Supplements safe after FDA recall? Don't count on it

This article from the Los Angeles Times is worth a read:

 Several months after supplements were recalled for being illegally laced with prescription drugs, researchers bought them off the shelves and from the online inventories of supplement retailers and checked whether they continued to contain the illegal substances for which they'd been recalled.In two-thirds of cases, the supplements did. 

Link here: http://www.latimes.com/science/sciencenow/la-sci-supplements-fda-recall-20141021-story.html

FDA Finally Takes Bab Steps on Supplement Weight Loss Claims

I'm not a fan of the woefully understaffed, underfunded FDA. In spite of the business sector's overwhelming fiscal might, there are signs of hope. This story is one sign.  

The Food and Drug Administration is moving forward with new proposals to the manufacturers of dietary supplements that have drawn a closer look because of claims of  miracle weight loss.
The FDA already prohibits pharmaceutical companies from making misleading claims about their dietary supplements. To help manufacturers comply with these rules, the agency has issued voluntary guidelines for companies making dietary supplement claims.
The guidelines show what evidence companies will need to back up their dietary supplement's "general well-being claims." This could include articles published in peer-reviewed scientific journals, for example.
"It is unlikely that a dietary supplement manufacturer will attempt to make a claim when the cost of obtaining the evidence to support the claim outweighs the benefits of having the claim on the product’s label," the FDA wrote in the Federal Register.
Find this report:   Agency Information Collection Activities; Proposed Collection; Comment Request; 
Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and 
Cosmetic Act here


Tuesday, October 28, 2014

10 Brands of Baby Wipes recalled – Investigation Underway (Femtex, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch, and Well Beginnings)

Our office is investigating these potential claims in Georgia, Florida, and New Jersey.  Toll Free 866-373-1800 or email me personally at mark@markzamora.com

Nutek Disposables has initiated a nationwide voluntary product recall at the retail level of all lots of baby wipes that it manufactured under the brand names Cuties, Diapers.com, Femtex, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch, and Well Beginnings, because some packages may contain bacteria. These wipes were distributed by Nutek prior to October 21, 2014 to the following retail stores: Walgreens, Sam’s Club, Family Dollar, Fred’s, and Diapers.com.

After receiving a small number of complaints of odor and discoloration, Nutek conducted microbial testing that showed the presence of a bacteria, called Burkholderia cepacia (B. cepacia), in some of these products. Soon after, on October 3, 2014 the company initiated a voluntary withdrawal of lots that had tested positive for the bacteria, as well as other baby wipes in the surrounding time frame. After some additional lots were tested, as a precautionary measure, Nutek believed it was a prudent decision to withdraw all its baby wipe products.

B. cepacia poses little medical risk to healthy people. However, people who have certain health problems like weakened immune systems or chronic lung diseases, particularly cystic fibrosis, may be more susceptible to infections with B. cepacia. If you believe you have a weakened immune system or chronic lung disease and you have used one of the affected wipe products, you should call your doctor promptly for medical advice. B. Cepacia show a relatively poor virulence, that is capacity to cause disease. Virulence factors include adherence to plastic surfaces (including those of medical devices) and production of several enzymes such as elastase and gelatinase



From the FDA site:

The company is working with the U.S. Food & Drug Administration and the affected retailers and distributors throughout this process to address the issue.

Brand Name
RetailerLot Numbers of Product Manufactured by Nutek
CutiesInternet and various retailersAll Lots
Diapers.comDiapers.comAll Lots
FemtexFamily DollarAll Lots
Fred’sFred’sAll Lots
KidgetsFamily DollarAll Lots
Member’s MarkSam’s ClubAll Lots
Simply RightSam’s ClubAll Lots
Sunny SmilesWalgreensAll Lots
Tender TouchVarious retailersAll Lots
Well Beginnings*WalgreensCertain Lots±

- See more at: http://triallawyercenter.com/2014/10/28/10-brands-of-baby-wipes-recalled-investigation-underway-femtex-freds-kidgets-members-mark-simply-right-sunny-smiles-tender-touch-and-well-beginnings/#sthash.O9wnjWhM.dpuf

Friday, October 10, 2014

Study warns about stimulants in diet supplements

English: Logo of the .
English: Logo of the . (Photo credit: Wikipedia)
Big news about a recent study involving DMAA with this title:

A synthetic stimulant never tested in humans, 1,3-dimethylbutylamine (DMBA), is identified in multiple dietary supplements.

Here is the conclusion: (Hint, they suggest a recall of all DMAA products):

Our objective was to determine if a stimulant never before sold for human consumption, DMBA, was present in dietary supplements sold by US distributors. We found that at least a dozen supplements sold by US distributors contain DMBA in dosages from 13 to 120 mg per serving. Given the potential health risks of untested pharmacologic stimulants, we strongly recommend that manufactures immediately recall all DMBA containing supplements. The FDA and other regulatory bodies should, without delay, warn consumers about the presence of DMBA in dietary supplements and clarify the legal status of DMBA. Until consumers can be assured that sports, weight loss and mind enhancing supplements do not contain untested pharmaceutical drugs, these products should be avoided.

Read it here: http://onlinelibrary.wiley.com/doi/10.1002/dta.1735/full

Monday, September 22, 2014

An Illinois  compounding pharmacy is recalling a long list of drugs shipped to medical offices and patients in six states because the drugs-- which are inhaled, injected or used as eye drops-- may not be sterile.

Martin Avenue Pharmacy is recalling its compounded sterile preparations because patients who use them may be at risk of infection. There have not yet been any reports of illness or injury, according to the company. The company has stopped production of sterile products "until further notice."

The list is long. Find it in PDF format here:

http://www.fda.gov/downloads/Safety/Recalls/UCM412436.pdf

Compounding Pharmacy Recalls Potentially Contaminated Drug Products

Pharmacy Creations has voluntarily recalled four product lots (see below) following testing results conducted by Front Range, Inc., its former independent testing laboratory, that indicated that the product lots may have the potential of not being sterile. Pharmacy Creations no longer uses Front Range, Inc. for testing of any kind for any of its formulations.

Read more here: http://www.pharmpro.com/news/2014/09/pharmacy-creations-recalls-four-product-lots-due-potential-non-sterility

Dried fish shipped nationwide recalled due to potential for botulism

A Brooklyn-based importer is recalling certain packages of its dried vobla -- a type of fish -- because they may be contaminated with the spores that cause botulism.

http://www.cleveland.com/healthfit/index.ssf/2014/09/dried_fish_shipped_nationwide.html

Tuesday, September 16, 2014

Regeneca Expands Recall of RegeneSlim Dietary Supplement

Regeneca Worldwide is expanding its voluntarily nationwide recall of RenegeSlim appetite control dietary supplement because FDA analysis confirmed the presence of DMAA. DMAA is 1,3-dimethylamylamind, methylhexanamine, or geranium extract. It can narrow blood vessels and arteries, which can cause a rise in blood pressure that increases the risk of heart attack.



http://www.fda.gov/Safety/Recalls/ucm408674.htm

FDA takes action against Georgia dietary supplement manufacturer

A dietary supplement manufacturer is under a federal court order to stop illegally marketing its products as treatments for disease, and to terminate the sale of supplements until the company complies with the U.S. Food and Drug Administration’s manufacturing regulations and other requirements. A federal judge issued the injunction against BioAnue Laboratories of Rochelle, Georgia, and its owner/operators, Gloria and Kelly Raber. 
BioAnue’s products were sold as supplements but were unapproved new drugs because they were marketed as treatments for conditions including cancer, HIV/AIDS, heart disease, chronic obstructive pulmonary disease, and diabetes, without approval from the FDA, according to the court order. The order was signed on July 23, 2014 in the United States District Court for the Middle District of Georgia.   
The defendants did not take appropriate corrective action in response to a FDA warning letter issued on Feb. 9, 2012, involving the marketing of the firm’s dietary supplements as unapproved new drugs. A follow-up FDA inspection in August 2012 revealed that BioAnue was also manufacturing products that were not in compliance with FDA’s current good manufacturing practice requirements for dietary supplements.
The permanent injunction prohibits the manufacture or distribution of products until the defendants hire independent experts to assist in bringing the firm’s manufacturing practices and labeling into compliance with the law.
District Judge Marc T. Treadwell said, in the court order, that the government was able to provide evidence that the defendants sold unapproved new drugs and failed to follow FDA’s current good manufacturing practice regulations for dietary supplements.
“The FDA is committed to ensuring that consumers do not become victims of false products claiming to cure diseases,” said Melinda Plaisier, associate commissioner for the FDA’s Office of Regulatory Affairs. “This firm has ignored previous FDA warnings, continued to produce and promote products with unproven claims and ignored good manufacturing practices.”
The defendants’ products include: TumoRx Cardio Clean, TumoRx Apoptosis Full Strength, TumoRx Formula CX, BioAnue Diabetic Mender, BioAnue Heart Mender, Stroke Mender, Cardiovascular Mender and Bovine Cartilage.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency is also responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

FDA warns of dangerous drugs in weight loss supplements: Tainted dietary supplements

The Food and Drug Administration is warning consumers that three weight loss supplements sold online and in some retail stores contain dangerous pharmaceutical ingredients hidden from consumers, and should be thrown away.

The supplements-- called LX1, Mezo, and Best Line Suplemento Alimenticio-- are part of a growing trend of dietary supplements sold for weight loss and sexual enhancement, usually advertised as "herbal" or "all natural," which really contain pharmaceutical ingredients.

According to FDA testing, LX1 contains undeclared DMAA, also known as 1,3-dimethylamylamine, methylhexanamine or geranium extract. DMAA, an amphetamine derivative, is an illegal ingredient often sold in products that claim to boost energy, burn fat or build muscle. It can "can elevate blood pressure and lead to cardiovascular problems ranging from shortness of breath and tightening in the chest to heart attack,"according to the FDA.


The Food and Drug Administration (FDA) is advising consumers not to purchase or use LX1, a product promoted and sold for weight loss on various websites, including Dr. Skin Secretsdisclaimer icon, and possibly in some retail stores.LX1 Contains Hidden Drug Ingredient
FDA laboratory analysis confirmed that LX1 contains undeclared DMAA, also known as 1,3-dimethylamylamine, methylhexanamine or geranium extract. Ingestion of DMAA can elevate blood pressure and could lead to cardiovascular problems, including heart attack, shortness of breath and tightening of the chest.
Consumers should stop using this product immediately and throw it away.  Consumers who have experienced any negative side effects should consult a health care professional as soon as possible.
Health care professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting Program:
Note: This notification is to inform the public of a growing trend of dietary supplements or conventional foods with hidden drugs and chemicals.  These products are typically promoted for sexual enhancement, weight loss, and body building and are often represented as being “all natural.”  FDA is unable to test and identify all products marketed as dietary supplements that have potentially harmful hidden ingredients.  Consumers should exercise caution before purchasing any product in the above categories. 

Friday, August 29, 2014

FDA warns consumers: Dietary supplements cannot treat concussions

Yadier Molina suffered a mild concussion on Ju...
Yadier Molina suffered a mild concussion on June 15, 2008 (Photo credit: Wikipedia)
The U.S. Food and Drug Administration is warning consumers about dietary supplements that falsely claim to prevent or cure concussions or other traumatic brain injuries. The FDA says supplements with labels that make these claims are not backed up by scientific evidence, and in a consumer alert issued Monday it urged users to beware.
It’s back-to-school time, and kids are already starting practice for football, soccer and other sports. It’s a time when parents may be thinking about sport safety and the potential for their kids to be injured by violent jarring and shocks.
Exploiting the public's rising concern about concussions, some companies are offering untested, unproven and possibly dangerous products that claim to prevent, treat or cure concussions and other traumatic brain injuries (TBIs).
The Food and Drug Administration (FDA) is monitoring the marketplace and taking enforcement actions where appropriate, issuing warning letters to firms—the usual first step for dealing with claims that products labeled as dietary supplements are intended for use in the cure, mitigation, treatment, or prevention of disease. The agency is also warning consumers to avoid purported dietary supplements marketed with claims to prevent, treat, or cure concussions and other TBIs because the claims are not backed with scientific evidence that the products are safe or effective for such purposes. These products are sold on the Internet and at various retail outlets, and marketed to consumers using social media, including Facebook and Twitter.
One common but misleading claim: Using a particular dietary supplement promotes faster healing after a concussion or other TBI.
Even if a particular supplement contains no harmful ingredients, that claim alone can be dangerous, says Gary Coody, FDA's National Health Fraud Coordinator.
"We're very concerned that false assurances of faster recovery will convince athletes of all ages, coaches and even parents that someone suffering from a concussion is ready to resume activities before they are really ready," says Coody. "Also, watch for claims that these products can prevent or lessen the severity of concussions or TBIs."
A concussion is a brain injury caused by a blow to the head, or by a violent shaking of the head and upper body. Concussions and other TBIs are serious medical conditions that require proper diagnosis, treatment, and monitoring by a health care professional. The long-term impact of concussions on professional athletes and children who play contact sports has recently been the subject of highly publicized discussions.
A growing body of scientific evidence indicates that if concussion victims resume strenuous activities—such as football, soccer or hockey—too soon, they risk a greater chance of having a subsequent concussion. Moreover, repeat concussions can have a cumulative effect on the brain, with devastating consequences that can include brain swelling, permanent brain damage, long-term disability and death.
“There is simply no scientific evidence to support the use of any dietary supplement for the prevention of concussions or the reduction of post-concussion symptoms that would allow athletes to return to play sooner,” said Charlotte Christin, acting director of FDA’s Division of Dietary Supplement Programs.

False Claims

One of the first alarms that dietary supplements are promoted to treat TBI was raised by the U.S. Department of Defense.
"We first learned from the military about a product being marketed to treat TBI, obviously a concern with wounded veterans. We were taken aback that anyone would make a claim that a supplement could treat TBI, which is a hot-button issue," says Jason Humbert, a senior regulatory manager with FDA's Office of Regulatory Affairs. "That triggered our surveillance."
FDA routinely monitors the marketplace. However, with more than 85,000 dietary supplements on the market and no product registration, products making false claims can slip through, at least for a time.
Typically, dietary supplements promising relief from TBIs tout the benefits of ingredients such as turmeric (an Indian spice in the ginger family) and high levels of omega-3 fatty acids derived from fish oil. In its initial surveillance, FDA identified two companies selling multiple products claiming to prevent and treat concussions and other TBIs. One company claimed to have "the world's first supplement formulated specifically to assist concussion recovery," saying "it has the dynamic ability to minimize long-term effects and decrease recovery time." A National Football League player testified to its "proven results in my own recovery" from a concussion, and an unnamed "licensed trainer" said he had incorporated it into his "concussion management protocol."
Similar claims were made by the other company, which was selling four products claiming to protect against and help heal TBIs. FDA sent letters in 2012 warning both companies that their products were not generally recognized as safe and effective for treating TBIs, that the products were misbranded (a legal term meaning, in this case, that the labeling of the products did not have adequate directions for use), and that unless various violations cited in the letters were promptly corrected, they could result in legal action taken without further notice, such as seizure or injunction.
Both companies changed their websites and labeling.
In December 2013, FDA issued a warning letter to another company for marketing its product with claims to treat TBIs. FDA continues to monitor the marketplace for products with similar fraudulent claims, and will take appropriate regulatory action to protect the public health.
"As we continue to work on this problem, we can't guarantee you won't see a claim about TBIs. But we can promise you this: There is no dietary supplement that has been shown to prevent or treat them," says Coody. "If someone tells you otherwise, walk away."

http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm378845.htm#claims

FDA warns parents about getting their kids contact lenses

Lens cover for storing contact lens
Lens cover for storing contact lens (Photo credit: Wikipedia)
Dr. Elias Traboulsi, a pediatric ophthalmologist at Cleveland Clinic, says the FDA wants parents to know that age is not the only factor to consider getting contacts for your child
The discussion should not be "  my child wants contact lenses and they are responsible equals he gets them. There should be more thought into it and more caution about it," explained Traboulsi.
FDA researchers cite a 2010 study in the journal Pediatrics. It looked at the number of children taken to the emergency room each year for complications related to medical devices.
It found about 25% of the injuries were related to contact lenses. The most typical problems are infections and eye abrasions, which are often caused by a lack of hygiene.  That's why the FDA is warning parents who are considering contacts for their children to gauge their child's maturity level and whether they can handle the daily responsibilities. 

http://www.news4jax.com/news/fda-warns-parents-about-getting-their-kids-contact-lenses/27775824


Should You Consider This? Why I think it's a Mistake to consider OCP for acne treatment

Just out is a report on JAAD titled:

Meta-analysis comparing efficacy of antibiotics versus oral contraceptives in acne vulgaris


Here's the abstract, with my concerns below it:
http://www.eblue.org/article/S0190-9622(14)01291-2/abstract>

Background

Both antibiotics and oral contraceptive pills (OCPs) have been found to be effective in managing acne vulgaris. Despite widespread use, few direct comparisons of efficacy between the 2 modalities have been published.

Objective

We compared the efficacy of antibiotics and OCPs in managing acne.

Methods

A meta-analysis was conducted in accordance with Preferred Reporting Items for Systematic Reviews and Meta-Analyses and Cochrane collaboration guidelines.

Results

A review of 226 publications yielded 32 randomized controlled trials that met our inclusion criteria. At 3 and 6 months, compared with placebo, both antibiotics and OCPs effected greater percent reduction in inflammatory, noninflammatory, and total lesions; the 2 modalities at each time point demonstrated statistical parity, except that antibiotics were superior to OCPs in percent reduction of total lesions at 3 months (weighted mean inflammatory lesion reduction: 3-month course of oral antibiotic treatment = 53.2%, 3-month course of OCPs = 35.6%, 3-month course of placebo treatment = 26.4%, 6-month course of oral antibiotic treatment = 57.9%, 6-month course of OCPs = 61.9%, 6-month course of placebo treatment = 34.2%; weighted mean noninflammatory lesion reduction: 3-month course of oral antibiotic treatment = 41.9%, 3-month course of OCPs = 32.6%, 3-month course of placebo treatment = 17.1%, 6-month course of oral antibiotic treatment = 56.4%, 6-month course of OCPs = 49.1%, 6-month course of placebo treatment = 23.4%; weighted mean total lesion reduction: 3-month course of oral antibiotic treatment = 48.0%, 3-month course of OCPs = 37.3%, 3-month course of placebo treatment = 24.5%, 6-month course of oral antibiotic treatment = 52.8%, 6-month course of OCPs = 55.0%, 6-month course of placebo treatment = 28.6%).

Limitations

Investigative treatment heterogeneity and publication bias are limitations.

Conclusions

Although antibiotics may be superior at 3 months, OCPs are equivalent to antibiotics at 6 months in reducing acne lesions and, thus, may be a better first-line alternative to systemic antibiotics for long-term acne management in women.

My concerns: In the Yaz litigation, Plaintiffs in claims over Yaz and Yasmin include allegations that the drugs were marketed and advertised in a way that exaggerated benefits such as acne reduction and downplayed serious dangers associated with the drug. Unfortunately, a client of ours who was prescribed the product to help with acne ended up (she alleges) with blood clots and DVT's that were so severe she had to endure multiple surgeries. I know and appreciate that this is just one instance of what she claimed was a horrible result, take the time to read what OCP's side effects are.    


Tuesday, August 26, 2014

Benicar and the FDA: FDA Drug Safety Communication: FDA approves label changes to include intestinal problems (sprue-like enteropathy) linked to blood pressure medicine olmesartan medoxomil

The U.S. Food and Drug Administration (FDA) is warning that the blood pressure drug olmesartan medoxomil (marketed as Benicar, Benicar HCT, Azor, Tribenzor, and generics) can cause intestinal problems known as sprue-like enteropathy.  FDA has approved changes to the labels of these drugs to include this concern.
Symptoms of sprue-like enteropathy include severe, chronic diarrhea with substantial weight loss. The enteropathy may develop months to years after starting olmesartan, and sometimes requires hospitalization (see Data Summary). If patients taking olmesartan develop these symptoms and no other cause is found, the drug should be discontinued, and therapy with another antihypertensive started. Discontinuation of olmesartan has resulted in clinical improvement of sprue-like enteropathy symptoms in all patients.
Olmesartan medoxomil is an angiotensin II receptor blocker (ARB) approved for the treatment of high blood pressure, alone or with other antihypertensive agents, and is one of eight marketed ARB drugs.  Sprue-like enteropathy has not been detected with ARB drugs other than olmesartan.

The FDA will continue to evaluate the safety of olmesartan-containing products and will communicate again if additional information becomes available.

Multiple Class-Action Suits Filed Against Vitamin Maker

From the NYT:


At least 9 class-action lawsuits were filed in Federal District Court in Islip in the last week against NBTY, the vitamin and supplement company in Bohemia, after the company announced last month that sales had fallen at some of its operations.
The suits accuse Scott Rudolph, the chairman of the company, and Harvey Kamil, its president, of defrauding investors by using a promotional mailing to increase sales beyond analysts' expectations and then predicting, erroneously, continuing revenue growth.

http://www.nytimes.com/2004/07/04/nyregion/in-brief-multiple-class-action-suits-filed-against-vitamin-maker.html

Proposed FL Bar Rule regarding Lien and Subrogation Issues

Here's the proposed Rule addition to  Rule 4-1.5(f). Also find it online, here: http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/13895febd04ae96d85257d260049ffb1!OpenDocument

This is a proposed key change in how liens are handled in FL. As a matter of practice, my office does not charge for this service. In certain cases, depending on complexity of course, a 3rd party may be needed. Stay tuned  to see if the rule is adopted:    

(f) Contingent Fees. As to contingent fees:
    (1) [no change]
    (2) [no change]
    (3) [no change]
    (4) A lawyer who enters into an arrangement for, charges, or collects any fee in an action or claim for personal injury or for property damages or for death or loss of services resulting from personal injuries based upon tortious conduct of another, including products liability claims, whereby the compensation is to be dependent or contingent in whole or in part upon the successful prosecution or settlement thereof shall do so only under the following requirements:
  • comments: 
when reasonable efforts to negotiate such medical liens or subrogation claims fail, the lawyer may, with the client’s written informed consent, either refer the client to a third party or hire a third party on behalf of the client to handle the lien and subrogation resolution who may charge a separate fee or cost to the client. If a lawyer provides the extraordinary lien and subrogation services, that lawyer’s contract with the client must separately comply with all provisions of rule 4-1.5. 

Monday, August 25, 2014

Nestlé Prepared Foods Company Announces Allergy Alert and Voluntary Recall Of LEAN CUISINE® Culinary Collection Chicken with Peanut Sauce Recall Due to Package Mislabeling

Nestlé Prepared Foods Company, a business unit of Nestlé USA, is initiating the voluntary recall of a limited quantity of LEAN CUISINE® Culinary Collection Chicken with Peanut Sauce/UPC code 13800 10154 because it may contain undeclared shrimp. People who have an allergy or severe sensitivity to shrimp run the risk of serious or life-threatening allergic reaction if they consume these products.
The affected product is marked with a production code of 4165595911U and has a “best before” date of JULY 2015. A small quantity of LEAN CUISINE Culinary Collection Shrimp Alfredo was inadvertently placed into packaging for LEAN CUISINE Culinary Collection Chicken with Peanut Sauce.
Three consumers who purchased the mislabeled product alerted Nestlé to this issue. To date, no illnesses or allergic reactions have been reported. Nestlé issued this voluntary recall of one hour code of production to ensure the safety of consumers with shellfish allergies.
Consumers who may have purchased LEAN CUISINE Culinary Collection Chicken with Peanut Sauce /UPC code 13800 10154should look for the manufacturing code, located in the grey box, on the right side panel of the package. The manufacturing code of the recalled product is: 4165595911U. No other LEAN CUISINE items are impacted by this recall. The affected product was distributed to retail customers in Washington State, California, Louisiana and Texas, and can be found in the frozen food aisle. Nestlé asks consumers to contact us for a full refund by calling Nestlé Consumer Services directly at 1-800-392-4057 Monday through Friday from 8:00 AM to 8:00 PM EST.
The quality and safety of our products are the top priority for our company. For these reasons, the company initiated this recall. We apologize to our retail customers and consumers and sincerely regret any inconvenience created by this product recall. We have advised the U. S. Food & Drug Administration and the U.S. Department of Agriculture of this voluntary recall and will cooperate with them fully.

FDA takes action against Georgia dietary supplement manufacturer

A dietary supplement manufacturer is under a federal court order to stop illegally marketing its products as treatments for disease, and to terminate the sale of supplements until the company complies with the U.S. Food and Drug Administration’s manufacturing regulations and other requirements. A federal judge issued the injunction against BioAnue Laboratories of Rochelle, Georgia, and its owner/operators, Gloria and Kelly Raber. 
BioAnue’s products were sold as supplements but were unapproved new drugs because they were marketed as treatments for conditions including cancer, HIV/AIDS, heart disease, chronic obstructive pulmonary disease, and diabetes, without approval from the FDA, according to the court order. The order was signed on July 23, 2014 in the United States District Court for the Middle District of Georgia.   
The defendants did not take appropriate corrective action in response to a FDAwarning letter issued on Feb. 9, 2012, involving the marketing of the firm’s dietary supplements as unapproved new drugs. A follow-up FDA inspection in August 2012 revealed that BioAnue was also manufacturing products that were not in compliance with FDA’s current good manufacturing practice requirements for dietary supplements.
The permanent injunction prohibits the manufacture or distribution of products until the defendants hire independent experts to assist in bringing the firm’s manufacturing practices and labeling into compliance with the law.
District Judge Marc T. Treadwell said, in the court order, that the government was able to provide evidence that the defendants sold unapproved new drugs and failed to follow FDA’s current good manufacturing practice regulations for dietary supplements.
“The FDA is committed to ensuring that consumers do not become victims of false products claiming to cure diseases,” said Melinda Plaisier, associate commissioner for the FDA’s Office of Regulatory Affairs. “This firm has ignored previous FDA warnings, continued to produce and promote products with unproven claims and ignored good manufacturing practices.”
The defendants’ products include: TumoRx Cardio Clean, TumoRx Apoptosis Full Strength, TumoRx Formula CX, BioAnue Diabetic Mender, BioAnue Heart Mender, Stroke Mender, Cardiovascular Mender and Bovine Cartilage.
The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency is also responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

Tuesday, August 19, 2014

District Court Enters Permanent Injunction Against New York Dietary Supplement Maker to Prevent Distribution of Adulterated Supplements

The Justice Department announced today that the U.S. District Court for the Eastern District of New York has entered a consent decree of permanent injunction against Applied Polymer Systems dba APS Pharmaco (APS) and its president, Nuka Reddy, all of Lindenhurst, New York, to prevent the distribution of adulterated dietary supplements. 

According to a complaint filed July 21, the defendants violated the Federal Food, Drug, and Cosmetic Act (FDCA) by manufacturing and distributing dietary supplements that were adulterated.  Under the FDCA, dietary supplement manufacturers are required to have systems in place to ensure that their products meet specifications for identity, purity, strength and composition.  The government’s actions resulted from a series of inspections of APS’ manufacturing facility beginning in 2012, which revealed, among other things, that APS failed to perform identity tests or examinations for certain dietary ingredients before using them in their products. 

In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and be bound by a consent decree of permanent injunction that prohibits them from committing violations of the FDCA.  The consent decree requires the dietary supplement manufacturer to cease all operations and requires that if they wish to resume manufacturing dietary supplements in the future, the FDA first must determine that APS’ manufacturing practices have come into compliance with the law.  The consent decree also requires a recall of all products sold since Jan. 1, 2014.   The consent decree was filed with the complaint and was docketed on July 23.








http://www.justice.gov/opa/pr/2014/July/14-civ-776.html

Social Media Discovery

Facebook logo Español: Logotipo de Facebook Fr...
Facebook logo Español: Logotipo de Facebook Français : Logo de Facebook Tiếng Việt: Logo Facebook (Photo credit: Wikipedia)
I get a chance to speak at CLE's across the country on social media discovery. I am amazed by number of lawyers who just have no idea about what is happening when it comes to developing caselaw on this important subject. 

Before searching the internet far and wide, make sure that you have in your briefcase the go to case of  Trail v. Lesko:



The case involved a car wreck that injured one driver.  The parties both asked to have the other side produce Facebook posts and pictures.  Predictably, the parties fought the request, nobody produced anything, and both parties filed motions seeking to compel their opponent to turn over his Facebook password and username.

 The defendant sought access to the plaintiff's Facebook account, claiming that the account "may" contain evidence of the "extent and severity" of the plaintiff's injuries. The defendant supported his motion with pictures of the injured plaintiff "socializing" at a bar and "drinking at a party," which the defendant had obtained from the publicly available portions of the plaintiff's Facebook account.
Judge Wettick waded into the world of Facebook in the opinion.
He first wrote about Facebook and how it works:  "The sheer volume of potentially relevant information is staggering.In the aggregate, users collectively update their “statuses”(a short indication of what’s on a user’s mind at a given moment, posted to the their own profile page) more than 60 million times each day. Individual users create on average 90 pieces of content every month (photos, status updates, comments or other posts) with fully half of all Facebook users accessing their individual profiles on a given day. Facebook users collectively upload 300 million photos to the site each day"
 He wrote that before a requesting party is  granted "access" to a Facebook account, the party must show a "sufficient likelihood" that the non-public postings would contain information that is relevant to the litigation that is "not otherwise available."  Otherwise, the court held, Rule 4011(b), which protects against discovery that is unreasonably annoying or embarrassing, prohibits unfettered access to a social-networking site.
The Judge went on to note - correctly in my opinion - "a court order which gives an opposing party access to Facebook postings that were intended to be available only to persons designated as “Friends” is intrusive because the opposing party is likely to gain access to a great deal of information that  has nothing to do with the litigation and may cause embarrassment if viewed by others."
Read the opinion first. There are useful nuggets in it, and like most cases dealing with discovery, the case is not a one size fits all approach. 

Monday, August 18, 2014

Powdered Caffeine Dangers

The FDA is warning about powdered pure caffeine being marketed directly to consumers, and recommends avoiding these products.  In particular, FDA is concerned about powdered pure caffeine sold in bulk bags over the internet.
The FDA is aware of at least one death of a teenager who used these products.
These products are essentially 100 percent caffeine. A single teaspoon of pure caffeine is roughly equivalent to the amount in 25 cups of coffee.
Pure caffeine is a powerful stimulant and very small amounts may cause accidental overdose. Parents should be aware that these products may be attractive to young people.
Symptoms of caffeine overdose can include rapid or dangerously erratic heartbeat, seizures and death. Vomiting, diarrhea, stupor and disorientation are also symptoms of caffeine toxicity. These symptoms are likely to be much more severe than those resulting from drinking too much coffee, tea or other caffeinated beverages.

All consumers seeking caffeinated products should be aware of the potentially high potency of these powdered pure caffeine products. Parents should recognize that teenagers and young adults may be drawn to these products for their perceived benefits.


The death of an Ohio teen after eating caffeine powder prompted the FDA warning. An autopsy of 18-year-old Logan Stiner of LaGrange, OH, detected more than 70 micrograms of caffeine per milliliter in his blood. It is 23 times higher than the amount found in a typical coffee or soda drink.
http://www.hngn.com/articles/36606/20140721/fda-issues-warning-against-caffeine-powder-ohio-teen-found-dead.htm

Dietary supplement maker at center of ex-Va. Gov. McDonnell trial halts sales of Anatabloc

Rock Creek Pharmaceuticals Inc. said it is voluntarily stopping sales of Anatabloc and another supplement called CigRx while it sorts out issues with the Food and Drug Administration.

Late last year, the federal agency sent a warning letter to the company formerly known as Star Scientific saying that its products contain a new dietary ingredient that requires approval before it can be marketed. The company did not seek such approval.

The agency also said the company's website had improperly promoted Anatabloc as a drug by suggesting it can be used to treat various diseases, including ulcerative colitis, multiple sclerosis and Alzheimer's disease.













Read more: http://www.wjla.com/articles/2014/08/firm-halting-sales-of-dietary-supplement-anatabloc-105979.html#ixzz3AkpOOicz
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