New study finds many direct to consumer advertising of prescription drugs are misleading. Is anyone surprised?

A new study published in the Journal of General Internal Medicine prepared by researchers from the Dartmouth Institute for Health Policy found that six out of every ten direct-to-consumer drug advertisements shown on television provide false or misleading information.  The ads omitted or exaggerated important information, provided opinions or made meaningless associations with lifestyles.  Go here and here for more details.  In my opinion, this is hardly surprising.  Ever since the beginning of DTC advertising it was clear the intent was the same as with all other advertising: to get people to buy something, not to provide public service announcements.

Some senators call on manufacturers of caffeinated "energy" drinks to stop marketing their products to children

Since last year there has been a lot of discussion on whether highly caffeinated drinks are dangerous - particularly to children.  AboutLawsuits is now reporting that four Democratic Senators are calling on manufacturers of popular energy drinks to stop marketing their products to children, following increasing concerns about health risks. The letters were sent out to the makers of several different energy drinks, including Red Bull, 5-hour Energy, Monster Energy and Pepsi Co. Inc. The letters ask the energy drink companies to stop advertising to children under the age of 18, to provide information on the label about the total amount of caffeine in the products and to change their policies so that they are not selling energy drinks in schools or at school events. For more information go here.

For my previous posts on this topic go here, here, here, here, here, here, here, here, here and here.

Significant drop in motor vehicle product liability claims filed

According to a new report, the number of motor vehicle product liability lawsuits filed in federal courts has dropped nearly 40 percent over the past five years.  The full report is available here.

Thanks to Victor Salas for the link!

New study estimates about 400,000 people die because of hospital mistakes every year

As many as 400,000 Americans die every year because of hospital mistakes that could have been prevented, according to the findings of a new study.  Previous reports placed the death toll from preventable hospital errors at around 98,000.  Go to AboutLawsuits for more information.

NFL litigation

The most recent Coverage Opinions newsletter just came out and to celebrate the start of the football season it features an interview with Football Hall of Fame and Minnesota Supreme Court Justice Alan Page as well as a list of interesting football related cases.  You can access the newsletter here or download it directly in pdf here.

Oklahoma legislature tries again to pass tort reform bills

After the Oklahoma Supreme Court declared the Oklahoma attempt to reform tort law last year, the legislature was back at it again this week in a special session - the first one since 2006.  In the last day of the five day session, the Oklahoma Legislature passed about two dozen bills to address legal procedures in areas such as medical malpractice, class-action lawsuits and product liability.  Some appear to be similar to the ones already declared unconstitutional, which caused some debate.  Most others, apparently did not generate much controversy.  According to one account, the Senate took less than two hours to pass its dozen bills with little discussion or Democratic opposition. Go here and here for more details.  The bills will now go to the governor.  Eventually, they will be challenged in court and, likely, declared unconstitutional again.  But we'll have to wait and see...

Comment on the NFL settlement in the case related to concussions

Prawfblog has a short comment on the NFL settlement.  It addresses the fact that some have criticized the settlement as inadequate and the NFL for settling the claim.  The author, however, argues that the critics misunderstand the nature of the civil tort law system.  Take a look at the comment here.

Thanks to Torts Today for the link.

Texting while riding

Check out this photo of a policeman allegedly texting while riding.  Is this "negligence per se"?  Thanks to Jonathan Turley for the photo, who also comments on it here.

Magistrate reprimanded for kissing clerk

Here is a quiz for my students, from the pages of today's Legal Profession blog:

At the conclusion of a session of bond court, respondent kissed the clerk who had been working with him on the forehead. Respondent contends that the kiss was a gesture of appreciation for the clerk's hard work and that he in no way intended it to be an amorous gesture. However, respondent recognizes the clerk was offended by the gesture. The magistrate resigned when the clerk complained to the Chief Magistrate and was reprimanded by the South Carolina Supreme Court.

Is he subject to liability for battery?

Erwin Chemerinski on preemption and generic drugs

Erwin Chemerinski has published a short comment on the state of the law related to preemption related to claims against manufacturers of generic drugs.  You can read it here.