by Long Island Attorney Paul A. Lauto, Esq.

In our January 15, 2013 blog, we detailed a class action lawsuit against Naked Juice and parent company Pepsico.  The lawsuit alleged, among other things, that certain Naked Juice products were falsely labeled as "All Natural" and GMO free, when they contained synthetic chemicals and GMO's.

Naked Juice has now agreed to settle the lawsuit and has set aside a reserve of 9 million dollars to compensate customers.  Customers who file a claim with proofs of purchase for the period 9/27/07 through 8/19/13, may receive up to $75.00.  Customers who file a claim without proofs of purchase for the same time period, may receive up to $45.00.
 
Naked Juice denies all claims made aginst it and insists that its juices and smoothies are made with all natural fruits and vegetables.  Nothwithstanding, Naked Juice has agreed to stop using the "All Natural" label on its packaging.
In this regard a spokesperson for Naked Juice stated, "The ‘all natural’ claim on our label described the fruits and vegetables in the bottle—not the vitamin boosts added to some Naked beverages.  Naked juice and smoothies will continue to be labeled 'non-GMO,' and until there is more detailed regulatory guidance around the word “natural” —we’ve chosen not to use 
'All Natural' on our packaging."

Although this settlement represents a significant victory for consumers and food label advocates, it also highlights the need for more serious regulation as effectively admitted to by the Naked Juice spokesperson.  Current food label laws are patently insufficient to properly protect consumers.  The regulatory agencies currently in place are overwhelmed and unable or unwilling to adequately protect consumers under the current regulatory confines.  It is time to face the fact that consumer need, must supersede corporate greed.

Long Island Lawyer
Paul A. Lauto, Esq. 

by Long Island Attorney Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

Big Pharma in the United States has been frustrated for years, by how long the FDA new drug approval process takes before a new drug may be brought to market.  Big Pharma complains that the process can sometimes take years due to unecessary prolonged testing for things like consumer safety.  Well unbeknownst to many consumers, Big Pharma has successfully circumvented cumbersome FDA testing for many drugs with the 2012 passage of the FDA Safety and Innovation Act (FDASIA).

The FDASIA streamlimes approval for new drugs that are deemed to be "breakthrough therapy" or according to the FDA, are drugs that are used for serious and life threatening conditions.  If the new drug may have a substantial improvement on at least one clinically significant end point over therapy, then the drug qualifies.  When discussing the new streamlined approval process,  Johnson & Johnson Head of  Global Regulatory Affairs Dr. Jay Siegel stated, "Everything is on the table."  Johnson & Johnson, which has been implicated in dozens of drug and consumer product recalls in recent years, is currently pressing the FDA to designate its new ibrutinib drug for cancer as a breakthrough therapy in order to rush it as quickly as possible to market.

While the purpose behind the FDASIA is commendable, potential problems arise in that such "breakthrough therapy" drugs require minimal testing at best.  Further, these drugs may be approved in a matter of just a few months as oppose to years and once they are brought to market, the FDA has no specific requirement to continue any safety testing for the new drug.  In addition, the way the requisite language of the FDASIA is worded, it arguably opens the flood gates to countless drugs that are beyond the Act's intended scope and purpose. 

Fast tracking the approval of a life saving drug is something most all of us would desire, especially if you or a loved one may be saved by such a new drug.  Unfortunately, it appears that Big Pharma has exploited this consumer desire by once again successfully manipulating the FDA to serve Big Pharma's own greedy purposes.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

The baseball world is currently obsessed with all things
 A-Rod, as a potential suspension is imminent.  Consensus is that the Yankees, no matter how much they would like to, are unable to void A-Rod's contract for alleged steroid use as the remedy for such an offense is within the hands of MLB.  Perhaps that is why the Yankee organization is seemingly hoping MLB suspends A-Rod or even bans him for life.  

To make matters worse, Buck Showalter has recently added his tainted two cents worth, declaring that MLB should not impose a lifetime ban against 
A-Rod.  But Showalter's opinion in this matter is not rooted in altruism or because he believes such a penalty would be unfair, considering A-Rod has never been previously suspended.  Showalter's opinion has nothing to do with the integrity of baseball or equitable punishment.  Showalter's reasoning is that a lifetime ban or even a 1 or 2 year suspension, will help the Yankees get out from under A-Rod's contract and assist them in clearing the $189 million team salary bar, thereby avoiding the luxury tax.

In other words, Showalter's proclamation is really based on revenge and animosity for his rival Yankees.  Not only are the Yankees a division rival for Showalter and the Orioles he currently manages, but he has an axe to grind with the Yankees that dates back to 1995.  Buck Showalter was actually the Yankee manager from 1992 to 1995.  He helped improve the Yankee team and bring them out of the division basement and turn them into a division leader.  But after the 1995 season, George Steinbrenner decided to make a change and hired Joe Torre to be the new Yankee manager in 1996.  The rest was history as Joe Torre managed the Yankees from 1996 to 2007.  Under the managerial leadership of Torre, the Yankees reached the post season each year and won ten  American League East Division titles, six American League pennants, four World Series titles (with six World Series appearances) and compiled a .605 winning percentage overall. With 2,326 wins, Joe Torre is currently ranked 5th on the list of all time managerial wins. In hindsight, the managerial change was nothing less than Steinbrenner genius, especially in light of the fact that to this day Buck Showalter has never won even a single world series with any team he has managed.

If Arod is guilty of the charges assessed, then he deserves whatever punishment MLB delivers.  If that punishment helps the Yankees get out from under Arod's contract which then would arguably be based upon fraud, then they would be entitled to such ancillary benefit as would any other team in such a position.  Unfortunately, Showalter's jealousy and venom for the Yankees is once again spewing forth in what might more accurately be labelled "diarrhea of the mouth."  Baseball would be better served in this challenging time period, if its ambassador managers helped maintain the sport's integrity rather than add fuel to the already burning fire.  After all, baseball is still supposedly America's favorite game.

Long Island Lawyer
Paul A. Lauto, Esq.