Month: June 2011


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At the request of the U.S. Food and Drug Administration, U.S Marshals seized elderberry juice products that have been distributed by Wyldewood Cellars Inc., based in Peck, Kan., because the products are unapproved and misbranded drugs.
 
According to the FDA’s complaint, Wyldewood Cellars makes claims in violation of the Federal Food, Drug, and Cosmetic Act (FFDCA) that its elderberry juice concentrate cures, treats, or prevents various disease conditions, including AIDS, diabetes and flu. The complaint was filed on May 27, 2011, in the U.S. District Court of Kansas.
 
“Products with unapproved disease claims are dangerous because they may cause consumers to delay or avoid legitimate treatments,” said Dara A.…

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The two most important laws pertaining to cosmetics marketed in the United States are the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA).
 
The FD&C Act prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce. Violations of the Act involving product composition–whether they result from ingredients, contaminants, processing, packaging, or shipping and handling–cause cosmetics to be adulterated and subject to regulatory action. Under the FD&C Act, a cosmetic is adulterated if–
 

“it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof, or under conditions of use as are customary and usual” [with an exception made for hair dyes];

“it consists in whole or in part of any filthy putrid, or decomposed substance”;

“it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”;

“its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health”; or

except for hair dyes, “it is, or it bears or contains, a color additive which is unsafe within the meaning of section 721(a)” of the FD&C Act.…

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Lawlor, Winston, White & Murphey Managing Partner, Andrew Y. Winston selected by Florida Trend Magazine as a member of the 2011 “Legal Elite”
 
Fort Lauderdale, FL  June, 2011 — Andrew Y. Winston, managing partner of Lawlor, Winston, White & Murphey, has been selected by Florida Trend Magazine as a 2011 “Legal Elite”.
 
Florida Trend’s Florida Legal Elite recognizes the top tier of attorneys practicing in Florida as chosen by their colleagues.  The lawyers chosen exemplify a standard of excellence in their profession and by doing so have received endorsement from their peers in voting for the 2011 Florida Legal Elite.
 
“I am very humbled that my peers think this much of my abilities and contributions to our profession,” said Andrew Winston.…

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Lawlor, Winston, White & Murphey partners Andrew Y. Winston and M. Benjamin Murphey selected as 2011 “Super Lawyers”
 
Fort Lauderdale, June 2011 — Lawlor, Winston, White & Murphey managing partner, Andrew Y. Winston has been selected by Super Lawyers magazine as a 2011 “Super Lawyer”, an honor reserved for the top 5% of the lawyers in the State.  Lawlor, Winston, White & Murphey partner, M. Benjamin Murphey was also selected, for the second time, as a Super Lawyer “Rising Star”, reserved for the top 2.5% of eligible lawyers in the State.
 
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. …

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