Is Quibids.com Nothing More Than A Gamble?

Recently, a class action lawsuit was filed against Quibids, LLC in the United States District Court for the Western District of Oklahoma. The penny auction website Quibids.com allows consumers to purchase ‘bids’ that can be used in online auctions. The catch is that the company alleges that consumers purchasing items through the bidding process obtain those items at steep discount prices. The lawsuit alleges that in reality, the website is nothing more than a gambling scheme. The claim is that the majority of customers using the site lose money because the total amount they spend between purchasing bids, paying for items in auctions that they win and paying for items using the website’s “Buy It Now” feature exceeds the retail value of the items as stated on the site. In many cases consumers don’t win and don't receive any items, and in turn lose money for each bid purchased.  Consumers should beware of this site and realize that although it purports to be an auction site similar to Ebay, its tactics may be deceptive.

New Blog with Legal News and Insight on For-Profit Higher Education

Chech out the latest news on For-Profit Higher Education on this new blog: http://forprofithighereducationlegalupdate.com/

KPA Staff Donates Toys for Buckner Educational Academy

KPA attorneys and support staff came together to collect toys for all the 2 years old children at the Buckner Educational Academy this year.  A small group of employees had the chance to meet with the children to give them their gifts and make their holiday special.  

  

Addendum...of Interest this Week

New interesting articles and legal updates:

Product Liability Blog - FDA to Crack Down on Dietary Supplements, - Antibacterial Soap Can Hurt You, - Drop-Side Cribs Finally Banned.

Food & Drug Safety Blog - Dannon to Settle Complaint over Yogurt Ad, - Minnesota Man Awarded 1.7 Million in Levaquin Trial

 

McDonald's Sued for Advertising Happy Meal Toys to Sell Junk Food

Happy Meal                 When I was young, I remember watching ads for G.I. Joe action figures. Their plastic guns shot oversized bullets and RPGs, their jeeps rolled over immaculately constructed “battlefields,” and their futuristic technology looked shiny and appealing to my five-year-old eyes. I begged my parents for the action figures, but they refused since the toys were violent. Advertisements for toys on television have changed little over the past few decades, featuring kids having tons of fun with all of their friends while playing with the featured toy. McDonald’s has had great success in enticing children to eat their food by including a toy with Happy Meals, the majority of which feature unhealthy food. Now, a mother of two in Sacramento is suing McDonald’s, claiming that their advertisements for Happy Meals manipulated her children into begging to eat at McDonald’s. So why should we care that McDonald’s incentivizes kids to eat their unhealthy food with the promise of receiving a cheap toy included in a Happy Meal? Shouldn’t parents regulate what their children eat?

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Stenting Scandal Incriminates Doctor and Abbott Laboratories

 As a plaintiffs' attorney focusing on mass tort pharmaceutical litigation, I’ve come to develop a special hatred for most pharmaceutical companies, considering them amongst the lowest scum of the earth. Sadly enough, I have recently found a lower scum, doctors who are puppets for the deceptive pharmaceutical companies.

We as a society hold doctors on a pedestal. Theirs is a profession of character and integrity, one that we all at one point might have aspired to become a part of. Heck, I would have been a doctor had I not realized that I couldn’t stand blood or touch a needle. So it comes as no surprise that I’m thoroughly disappointed and disgusted when I read a story about a doctor who performs unnecessary medical procedures for kickbacks and personal favors! 

Recently, the Senate Finance Committee started investigating Dr. Mark Midei of St. Joseph Hospital in Towson, Maryland, after a numbers of articles in The Baltimore Sun alleged that he was improperly implanting hundreds of cardiac stents in patients for blockages or narrowing of the coronary arteries which are typically treated without a stent. 

The 170 page report released after the investigation states that he “may have implanted 585 stents which were medically unnecessary” from 2007 to 2009, reaping $6.6 million for those procedures, of which $3.8 million was paid for by Medicare. 

The report also delves into the inappropriately close relationship between Dr. Midei and Abbott Laboratories, the manufacturer of the stents that he was implanting. Internal company emails subpoenaed for the investigation indicate that Abbott ranked Midei among its top-volume doctors and rewarded him with research money and VIP trips. Despite the ethical and legal issues that surfaced about Dr. Midei, Abbott still hired him as a consultant to assist the company in marketing its stents in Japan and to help launch its newest stent, the Xience V.

Unfortunately, this isn’t the first physician caught in bed with a pharmaceutical company and definitely won’t be the last. Issues like this highlight the need for more disclosure of the payments and incentives pharmaceutical companies provide to doctors for promoting their products, like those discussed in recent blogs posted by Andrew Brown and Abirami Gnanadesigan.

 

FDA Looks At New Orexigen Weight Loss Pill

Article by Crystal Yagoobian

The Food and Drug Administration says a pill to treat obesity from Orexigen Therapeutics Inc. helped patients lose weight, though it didn’t meet all the criteria set forth by the agency.

Orexigen’s pill Contrave is the third weight loss pill to be reviewed by the FDA this year. FDA officials have acknowledged the need for new weight-loss drugs amid an epidemic of U.S. obesity, though the agency rejected the other two medications due to safety concerns.

Contrave did meet a second measure of effectiveness involving the number of patients who lost at least 5 percent or more of their weight. FDA guidelines published in 2007 state that a drug can be considered effective if it meets this requirement.

In documents posted online Friday, the FDA said studies by Orexigen showed patients taking its drug lost, on average, 4.2 percent more weight than patients taking a placebo. However, these results did not meet an FDA guideline that there should be at least a 5 percent difference in weight loss between the groups.

With U.S. obesity rates nearing 35 percent among adults, doctors and public health officials say new weight-loss therapies are desperately needed. And even a modestly effective drug could have blockbuster potential.

But the search for a drug that helps patients safely shed pounds has been largely unsuccessful. Earlier this year Abbott Laboratories’ Meridia weight-loss pill was pulled from the market after regulators said it increased the risk of heart attack and stroke.

The FDA will ask a panel of experts to vote on the drug’s efficacy and safety tomorrow, December 7. Orexigen’s briefing documents for the December 7 panel hearing can be found here.

Prempro Lawsuit Results in Defense Verdict

A federal jury in Virginia has handed Pfizer a defense verdict in a Prempro breast cancer lawsuit, saying that the plaintiff was properly informed about the potential side effects Prempro, a hormone replacement therapy (HRT). 

The lawsuit was filed by Georgia Torkie-Tork, 65, in federal court in Alexandria, Virginia. Following trial, jurors determined that she did not establish that Wyeth failed to adequately warn about the risk of breast cancer, and returned a verdict in favor of the drug maker.

The decision is the fourth jury victory in a row for Pfizer in a Prempro suit over breast cancer. However, the drug maker has suffered several major losses at trial, which have resulted in tens of millions of dollars in compensatory damages and punitive damages after other juries determined that their Wyeth subsidiary attempted to downplay the risks associated with the medication.

Prempro is a hormone replacement therapy (HRT) that contains a combination of the drugs Provera and Premarin. The drug was originally developed by Wyeth, which was acquired by Pfizer last year.

In 2002 the National Institutes of Health released the results of studies that found women receiving HRT were at higher risk of breast cancer, strokes and heart attacks. The studies, part of the Women’s Health Initiative, sparked most of the Prempro hormone replacement therapy lawsuits currently pending throughout the country.

There are about 9,000 lawsuits over Prempro suits pending against Pfizer’s Wyeth unit. All of the lawsuits claim that the drug caused plaintiffs to develop breast cancer, and that Wyeth failed to warn patients and doctors of the potential side effects of the hormone therapy.

Johnson & Johnson Recalls Mylanta

What is going on at Johnson & Johnson? The pharmaceutical manufacturer has issued yet another recall. On December 2, CNN reported that the company recalled over 12 million bottles of the antacid Mylanta and more than 84,000 bottles of AlternaGel, a medication for heartburn relief. The recall was due to the fact that alcohol from flavoring agents was not listed on the products’ packaging. Johnson & Johnson officials said it is unlikely that the recalled products will cause either “alcohol absorption or alcohol sensitivity-related adverse events.” The recall was initiated so that the company could add the information to the label.  

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This recall comes just weeks after the company recalled millions of packages of Benadryl, Motrin, and Rolaids on November 15.  See this blog post by our very own Roxanna Tabatabaeepour for more information about that recall. In October, Johnson & Johnson recalled several over-the-counter drugs, including Tylenol, Motrin, and Benadryl, due to an “unusual moldy, musty, or mildew-like” odor. The company also issued a recall in late 2009 for certain varieties of Tylenol.  For a more complete list of recent Johnson & Johnson recalls see this blog post. A complete list of the lot numbers affected by the current recall can be found here.   

Would these recalls make you think twice about purchasing Johnson & Johnson products in the future? They certainly raise some serious questions about quality control at the company. But Johnson & Johnson has been making drugs like Tylenol for decades. Is there enough history of quality there to overlook the company’s recent problems? 

Can't Believe it's Not (Low Fat Salad Dressing)? You're Right, Class Alleges

Sometimes food tastes too good to be true.  After all, that has always been the marketing gimmick of vegetable spread makers "I can't Believe it's Not Butter".  However,  a new lawsuit filed on November 29, 2010, claims there is a food product on the market that actually is too good to be true.  

The complaint alleges that Galeos, LLC, the makers of Galeos 'low fat' Miso Dressings, falsely advertised and marketed its salad dressing as being lower in fat than it actually is. The salad dressing, apparently heavily marketed to viewers of the 'Biggest Loser', a television show where contestants compete to lose weight, allegedly is much higher in fat, calories, and sodium than advertised.  This isn't some rounding gimmick either.  In fact, the complaint alleges that independent testing shows that the salad dressing has nearly 10 times the amount of fat, calories, and sodium as advertised.  Yikes.  If the facts of this lawsuit are proven to be true, the next time I opt for a healthier, less hearty, eating decision, the makers of Galeos Miso Dressings might make me think twice.  

What other foods seem too good to be true?  Should we get them tested