The Department of Health and Human Services (HHS) revealed in court filings yesterday that it expects to issue guidance regarding prescription refill reminder programs before September 23, 2013. It also stated that it will not enforce the restrictions in its new HIPAA Privacy Rule regarding refill reminders and other communications about drugs or biologics until […]
In 2012, identity theft was the number one complaint reported to the Consumer Sentinel Network. Protection of private consumer information continues to be a high priority for law enforcement and any business dealing with consumer information – that is, everyone – needs to keep abreast of what the Federal Trade Commission (FTC) is up to.
The FTC and Keeping Privacy Promises Read More »
Yesterday, a 9-year effort by consumer and public health groups, and beer, wine and spirits maker Diageo, succeeded when a unit of the Treasury Department issued a ruling permitting voluntary Serving Facts labels for alcohol beverages. The Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) Ruling 2013-2 allows beer, wine and distilled spirits makers
“Serving Facts” for Alcohol Beverages—FINALLY! Read More »
The Obama Administration (HHS’s Office for Civil Rights) promulgated its new HIPAA Privacy Rule ostensibly to strengthen consumers’ medical privacy rights. The result, however, is likely to harm patients by restricting clinicians’ and pharmacists’ ability to provide them with compliance and persistence messages – so-called “refill reminders” (about currently prescribed drug therapy). In fact, as
New HHS Privacy Rule Conflicts With Congressional Support for Refill Reminder Programs Read More »
By Mark L. Itzkoff On April 11, 2013, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that it was adding bisphenol A (BPA) to the list of chemicals known to the state to cause reproductive toxicity under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). However, BPA’s time on the list
BPA Removed from Prop 65 List After Brief Appearance Read More »
At the end of 2012, 850 million users worldwide were on Facebook, more than one million websites have integrated with Facebook and 34 percent of U.S. marketers have generated leads using Twitter. You can see more social media statistics at the Huffington Post here. Guidance on legal compliance moves far more slowly than the innovation
FTC Offers Updates Guidance on Social Media; Still Waiting on FDA Read More »
Earlier this week, the New York State Supreme Court, New York County, in an opinion of the Honorable Milton A. Tingling, JSC, enjoined and permanently restrained New York City (NYC) from implementing NYC Health Code § 81.53, commonly referred to as the “Portion Cap Rule” for sugary sodas, a regulation supported by Mayor Richard Bloomberg
What Kind of Control Over What We Eat and Drink Is Permissible in Our Democracy? Read More »
On January 17, 2013, the U.S. Department of Health and Human Services (HHS) issued a long-awaited pre-publication copy of revisions to the federal medical privacy requirements commonly referred to as the HIPAA Privacy Rule. The final rule, issued pursuant to the HITECH Act, will be published in the Federal Register on January 25, 2013. Although
Now that that the Christmas stockings, Hanukkah menorahs and Kwanzaa harvest symbols have been put away until year end, and resolutions for 2013 have been written (and hopefully not broken yet!), it’s time for a little reflection. What follows is my month-by-month list of noteworthy events of 2012 in the food, drug, medical device and
2012 in the Rear View Mirror Read More »
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