Louisiana Law Blog Posts

  • Vaccine Manufacturing Plant Receives FDA Warning
    Posted May 1, 2008, 1:43 pm by Neblett, Beard & Arsenault
    The FDA gave a regulatory warning to a vaccine manufacturer, involving multiple quality-control observations made after a review of the manufacturing plant in Pennsylvania. The company, Merck, makers of the blockbuster selling human papilloma virus vaccine Gardasil. Also makers of a hepatitis A, two hepatitis B vaccines and the makers of Vioxx. According to news reports, the regulatory warning should not hamper the vaccine makers ability to sell the currently marketed product. According to a...
  • Ford Recalls 65,000 F-Series Trucks
    Posted May 1, 2008, 1:13 pm by Neblett, Beard & Arsenault
    65,000 F-Series Super Duty pickups are being recalled by the Ford Motor company. The recall is being made so that the fuel-tank mounting can be strengthened in order to prevent a gasoline leak in a head on collision. According to Ford, a front-end crash of 30 mph or more could cause the fuel tank to move forward, spilling fuel and possibly causing it to ignite. The recall is affecting some 2008 F-250's and F-350 trucks, according to the National Highway Traffic Safety Administration website.
  • Lifetime Brands Voluntarily Recalls Certain Items Nationwide from its Pfaltzgraff® Villa della Luna® pattern and Nautica J Class® pattern (Red Only) Stoneware Dinnerware Product Lines
    Posted April 28, 2008, 11:17 am by Neblett, Beard & Arsenault
    Contact: (800) 499-1976 - For Pfaltzgraff® Dinnerware (866) 928-0060 - For Nautica® Dinnerware FOR IMMEDIATE RELEASE -- April 28, 2008 -- Lifetime Brands, Inc., of Garden City, New York, today announced that, as a result of its internal compliance and independent product testing programs, it recently became aware that certain Pfaltzgraff® Villa della Luna® pattern and Nautica J Class® pattern stoneware dinnerware products may exceed the Food and Drug Administration's ("FDA") guidance...
  • Actavis Totowa (Formerly Known as Amide Pharmaceutical, Inc.) Recalls all Lots of Bertek and UDL Laboratories Digitek® (Digoxin Tablets, USP) as Precaution
    Posted April 25, 2008, 11:05 am by Neblett, Beard & Arsenault
    Contact: Stericycle customer service 1-888-276-6166 FOR IMMEDIATE RELEASE -- Morristown, NJ -- April 25, 2008 -- Actavis Totowa LLC, a United States manufacturing division of the international generic pharmaceutical company Actavis Group, is initiating a Class I nationwide recall of Digitek® (digoxin tablets, USP, all strengths) for oral use. The products are distributed by Mylan Pharmaceuticals Inc., under a "Bertek" label and by UDL Laboratories, Inc. under a "UDL" label. The voluntary all...
  • A Vessel Under Construction is (Still) NOT a Vessel
    Posted April 25, 2008, 7:25 am by Alan J. Berteau
    by Michael J. O'Brien In the recent case of Cain v. Transocean Offshore USA, Inc., et al., No. 05-300963, the United States Court of Appeals for the Fifth Circuit affirmed its long standing decision that a watercraft under construction is not a "vessel in navigation" for purposes of the Jones Act. The determination of whether a vessel is "in navigation" is a critical part of the "seaman status" analysis. Congress did not define the term "seaman" when it passed the Jones Act. Thus, it has been...
  • Allergy Alert on Undeclared Dairy in 11-Ounce Single Serve Silk Soymilk Chocolate Flavor in Plastic Bottle
    Posted April 23, 2008, 10:15 am by Neblett, Beard & Arsenault
    Contact: Marguerite Copel (214) 721-1273 FOR IMMEDIATE RELEASE --Mount Crawford, Virginia -- April 23, 2008 --- WhiteWave Foods Company is voluntarily recalling 11-ounce plastic single serve bottles of Silk Soymilk Chocolate Flavor because it may contain undeclared milk protein. The individual bottles are printed with both a "use by" date of May 7, 2008 (printed as 05 07 08) and a Universal Product Code (UPC) of 2529360028. Consumers can find this information on the back of the individual...
  • DPH Issues Consumer Warning For Chang Farm Soy Sprouts Because of Bacteria Contamination
    Posted April 19, 2008, 10:12 am by Neblett, Beard & Arsenault
    No illnesses reported, Consumers Urged to Discard Product Contact: Donna Rheaume (617) 624-5006 FOR IMMEDIATE RELEASE -- Boston, MA -- April 19, 2008 -- The Department of Public Health (DPH) is issuing a warning to the public not to consume any soy sprouts produced from Chang Farms in Whatley Massachusetts because of the presence of bacteria called Listeria monocytogenes (L. monocytogenes). The affected product is packaged in 12 ounce plastic bags, labeled under the Chang Farm brand as Soy...
  • FDA Fees Eyed to Boost Food, Drug Safety
    Posted April 18, 2008, 9:45 am by Neblett, Beard & Arsenault
    Thursday draft legislation released what is aimed at improving the safety of the nation's food and drug supply - new fees for food and drug companies. The draft legislation says regulators should inspect food and drug makers more frequently, it was spearheaded by Rep. John Dingell, D-Mich. and other Democratic leaders of a powerful House committee. If enacted, the proposal would lead to major changes in the drug and food oversight, and it was quick to draw rebukes. The Grocery Manufactures...
  • More Bad News For MK High Income and Intermediate Bond Fund Shareholders
    Posted April 18, 2008, 8:28 am by Brian N. Smiley
    If you own one of these funds you probably know that Morgan Keegan's High Income and Intermediate Bond Funds crashed and burned in 2007, losing over 50% of their value in a year. The problem began when the value of the funds' assets (which included lots of securities tied to toxic subprime mortgages) collapsed. At that point hordes of understandably anxious fund owners said "enough" and began redeeming their shares , forcing the funds to sell assets for cash. The rush to the exits hardly...
  • California Department of Public Health Warns Consumers Not to Eat
    Posted April 17, 2008, 2:41 pm by Neblett, Beard & Arsenault
    Contact: CDPH Complaint Hotline 1-800-495-3232 FOR IMMEDIATE RELEASE --Sacramento, CA -- April 17, 2008 --- Dr. Mark Horton, director of the California Department of Public Health (CDPH), today warned consumers not to eat Chaca Chaca Chacatrozo candy imported from Mexico after tests by CDPH found levels of lead that could cause health problems. "Lead exposure can be harmful, especially for infants, young children and pregnant women," Horton said. "Today's warning is part of our ongoing efforts...
  • Kean Miller Hosts Prep Program for College Students
    Posted April 16, 2008, 3:06 pm by Alan J. Berteau
    by Linda Perez Clark The second annual "Kean Miller Connection," a 2-day law school prep program for college students, will be held May 15th and 16th at Kean Miller's office in Baton Rouge. The goal of the program is to "connect" participants with information helpful to their decision to attend law school and become a lawyer. Program details and eligibility requirements (including that each participant must be a member of a group traditionally underrepresented in law school and the law...
  • Food-Borne Diseases and Recalls Rising
    Posted April 16, 2008, 10:32 am by Neblett, Beard & Arsenault
    In the later part of 2007, recalls and illness as a result of bacteria and E. coli O157:H7 soared - greater than any year since 2000. 2006 - There were eight recalls totaling 156,235 pounds of ground beef 2007 - There were twenty-one recalls of over 30million pounds of ground beef Theories About Food-Borne Illnesses Rise There are many theories why there is such a massive increase in the number of recalls and illnesses: Better Reporting - more doctors are able to recognize the symptoms of E....
  • In Vioxx Studies, Merck Used Ghostwriters and Guest Authors
    Posted April 16, 2008, 9:53 am by Neblett, Beard & Arsenault
    In recent documents that were examined and published on April 16, 2008 in an issue of JAMA, there were medical articles and court documents about rofecoxib. Rofcoxib, once marketed as Vioxx by Merck, is a nonsteroidal anti-inflammatory medication. It has become apparent that company employees or another unacknowledged author were often involved in writing the clinical trial and review articles, while primary authorship was awarded to academically affiliated investigators who may have been only...
  • Ford Recalls 2008 E-350's
    Posted April 16, 2008, 9:31 am by Neblett, Beard & Arsenault
    Ford Motor Co. is recalling 2008 E-350's - 3,331 to be exact. The recalled trucks have a 138-inch wheelbase with a faulty drive shaft assembly. The National Highway Traffic Administration (NHTSA) reported that "the drive shaft may have been manufactured with a slip yoke that has cracks." The flaw can reduce performance below design specifications. Over time, the safety agency warns, the slip yoke could fracture without warning, allowing the drive shaft to separate from the vehicle, increasing...
  • SAME Salmonella Strain in Recalled Cereal Sickens 23 People
    Posted April 15, 2008, 12:26 pm by Neblett, Beard & Arsenault
    According to the FDA, at least 23 people in 14 states have been sickened by the same strain of salmonella found in two breakfast cereals recalled by Malt-O-Meal, the federal Food and Drug Administration and Saturday. A case in Minnesota is being investigated to see if it is linked to the cereals being produced by the Minneapolis-based company, the state health department said. The unsweetened Puffed Rice and Puffed Wheat cereals have voluntarily recalled Malt-O-Meal on April 5 after finding...
  • Total Body Essential Nutrition Recalls Two Products
    Posted April 15, 2008, 12:12 pm by Neblett, Beard & Arsenault
    Total Body Essential Nutrition Inc. of Woodstock, GA. has voluntarily recalled two drinkable dietary supplements. Allegedly some consumers have been sickened by them from high amounts of certain minerals. The Food and Drug Administration, the Centers for Disease Control and Prevention, and the state health departments are investigating more than a hundred cases of acute poisoning from the products. "Total Body Formula" dietary supplement in tropical orange and peach nectar flavors in the eight-...
  • Salmonella Link to Malt-o-Meal Recall Probed
    Posted April 14, 2008, 2:56 pm by Neblett, Beard & Arsenault
    The recalled cereal was produced in Northfield. Health officials are looking into a poisoning case i Minnesota to identify if it is linked to the Malt-O-Meal's recall of unsweetened Puff Rice and unsweetened Puffed Wheat cereals from its Northfield plants. So far there have been 21 other cases of salmonella poisoning from 13 other states that may be linked, according to the Minnesota Department of Health. Malt-O-Meal had announced on April 5, 2008, that the Puffed Rice cereals were being...
  • Private Selection Ice Cream Recalled From Kroger Stores In Twelve
    Posted April 14, 2008, 1:41 pm by Neblett, Beard & Arsenault
    Contact: Meghan Glynn (513) 762-1304 FOR IMMEDIATE RELEASE -- CINCINNATI, Ohio, April 7, 2008 - Inter-American Products, Inc., a division of The Kroger Co., today announced a recall on two codes of Private Selection Light Churned Mint Chocolate Chip Ice Cream in 1.75-quart containers with a "Sell By" date of December 3, 2008. The two codes are: DEC0308 8070 and DEC0308 8080. The ice cream is being recalled because it may contain egg, soy, and wheat, which are not listed in the ingredient...
  • Family Medical Leave Act Amended as Part of National Defense Authorization Act
    Posted April 14, 2008, 6:04 am by Alan J. Berteau
    by Theresa R. Hagen On January 28, 2008, the Family and Medical Leave Act ("FMLS") was amended as part of the National Defense Authorization Act ("NDAA") for Fiscal Year 2008. A copy of the amended FMLA is available at www.dol.gov. The amendments provide special leave rights to family members of certain servicemembers. There are two different types of leave rights created by the amendments: (1) The circumstances for which up to 12 weeks of FMLA leave is available in a 12 month period are...
  • Louisiana Air Toxics Regulations Revised by LDEQ
    Posted April 8, 2008, 8:00 am by Alan J. Berteau
    by Kyle B. Beall The Louisiana Department of Environmental Quality recently finalized revisions to the "Comprehensive Toxic Air Pollutant Emission Control Program" set forth in LAC 33:III.Chapter 51 of the Louisiana Air Quality Regulations. A final rulemaking, first initiated in September 2005, was published in the December 20, 2007 Louisiana Register and can be obtained at the following web address: [www.deq.louisiana.gov]. Unlike some states, Louisiana has its own air toxics program, which...