Tag Archives: Administrative Action

08 Mar

FDA issues warning letter to makers of AeroShot “caffeine inhaler”

On March 5, 2012, The U.S. Food and Drug Administration (FDA) issued a warning letter to Breathable Foods Inc., makers of AeroShot1, for false or misleading statements in the labeling of their product, and told the company that the Agency has questions about the safety of the “caffeine inhaler.” The FDA also expressed concern about the

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31 Jan

FDA seeks permanent injunction against cheese manufacturer for failure to correct violations despite federal & state warnings

The U.S. Food and Drug Administration (FDA) has asked a federal court to prevent Mexicali Cheese, a New York cheese manufacturer, from continuing to operate because of a history of unsanitary conditions and producing cheese in a facility contaminated with Listeria monocytogenes bacteria. According to a complaint for permanent injunction filed by the U.S. Department

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22 Dec

Revised HIPAA: Who is a “Business Associate”? What Each Business Associate Must Know?

For the purposes of HIPAA, any person or business providing particular services to a covered entity involving “protected health information” (PHI) is known as a “business associate”; in fact anyone who would have occasion to encounter PHI in the course of their work for a HIPAA-covered entity—is a “business associate” and is not only under the same duty as the covered entity to comport itself by the dictates of HIPAA, but must also have a Business Associate Agreement (BAA). At Gaitan Morales, we regularly counsel health care entities and their subcontractors on such regulatory issues as HIPAA, the HITECH rule, the Red Flag rules and numerous other laws and regulations that govern the health care industry. To protect your medical practice or associated health care business from a regulatory mishap, call Rafael A. Gaitan, Esq. today at 305.329.1462, to schedule a free initial consultation and learn more about how the law firm of Gaitan Morales can help you.

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15 Dec

FTC and States Settle Deceptive Advertising Case Against Dannon

Today, the Federal Trade Commission (FTC) and Attorney’s General (AG) from 39 states announced a settlement with The Dannon Company over deceptive advertising practices, based on marketing campaigns heralding the health benefits of its Activia brand yogurts and DanActive brand dairy drinks.

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25 Oct

FDA announces voluntary recall of Halloween treats

Just six days before trick-or-treaters head out to collect candy, the Food and Drug Administration (FDA) announced the recall of two popular Halloween treats – Mega Pops lollipops and RAISINETS® Fun Size. Mega Pops brand lollipops – Colombina S.A. has issued a voluntarily recall of specific lots of Mega Pops in 14-ounce and 28-ounce cellophane

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25 Oct

RAC expands to State Medicaid Program

Through an Oct. 1 letter to State Medicaid Directors, Peter Budetti, Deputy Administrator for the Center for Medicare and Medicaid Services (CMS), provided initial guidance on the implementation of the  Recovery Audit Contractor (RAC) programs by State Medicaid agencies. Section 6411 of the Affordable Care Act, calls for the expansion of the RAC Program by

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07 Oct

Online dietary supplement marketer receives joint Warning Letter from FTC & FDA

Telledant LLC, a Miami based online distributor of dietary supplements, was issued a joint Warning Letter on September 28, 2010 by the U.S. Federal Trade Commission (FTC) and Food and Drug Administration (FDA). In the Warning Letter, the FTC and FDA warn Telledant, LLC that its marketing and claims for a variety of products are in violation of federal laws and regulations.

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