Make Up for Lost Time and Money: Using the Lanham Act to Regulate the Cosmetic Industry

In recent years, the cosmetic industry has experienced an increase in litigation brought on by consumers in their efforts to protect themselves from cosmetics that are either unsafe or falsely advertised. The Supreme Court of the United States’ discussion in POM Wonderful v. Coca-Cola Co. of the Lanham Act, the United States’ principal false advertising statute, clarified the breadth and depth of allowable lawsuits brought under the statute in matters which also concern the Food, Drug, & Cosmetic Act (FDCA). The case centered on a detailed discussion of the issue of federal preemption. Although the decision directly involved only the food and drug manufacturing industry, the Court’s holding appears to promote an expanded use of the Lanham Act generally, and conjunctively, in industries otherwise regulated by the Food and Drug Administration. This Note will examine the ways in which the cosmetic industry will be affected if its manufacturers appropriately apply the Court’s holding in POM Wonderful v. Coca-Cola Co. to their own issues of false advertising and consumer dissatisfaction. Furthermore, the shortcomings of traditional consumer protection lawsuits are discussed before I argue that both consumers and manufacturers of cosmetics would fare better if the cosmetic industry’s legal issues were resolved by and between those with capital interests in the cosmetics themselves

Interview of Richard Monastra

Richard Monastra is of the “baby boom” generation, having been born in 1946 in Philadelphia. He is the eldest of two children. He remains very close to his sister to this day. Mr. Monastra grew up in South Philadelphia in the 1950’s and 1960’s. He describes South Philly at the time as “magical”. He described his neighborhood as being made up of Euro-Americans who settled in South Philly after the Civil War. He attended St. Edmond’s Parochial Elementary School where there were as many as 60 kids in a class. After elementary school, he attended Bishop Neumann High School. While in high school, he worked at a local pharmacy. He graded from Neumann in 1964. Like most of his friends, he applied to La Salle College and was accepted. He majored in history. Like many of his generation, he was the first one on either side of his family to attend college. Mr. Monastra credits the Christian Brothers with exposing students to things their “familial ancestors could only dream of”. He believes that the Brother practiced their moto; Virtus et Sciencia, virtue and knowledge. He feels the Christian Brothers challenged students to question and think critically. Mr. Monastra did his student teaching in South Philadelphia High School and graduated from La Salle in the spring of 1968. Following his graduation from La Salle, he accepted a job at Collingdale High School in Delaware County, PA. He worked there from the fall of 1968 through the spring of 1970. His contract, as well as several others, was not renewed due to budget cuts. He was then hired at Glassboro Middle School in New Jersey where he worked from 1970-1972. He taught 7th & 8th grade U.S. History and Geography. Once again, he was laid off due to budget cuts. After Glassboro, Mr. Monastra obtained employment at Interboro High School where he taught a myriad of courses from 1972 until another lay off in 1983. He was called back to work there until 1985, when he was laid off again. He worked briefly at Haddonfield High School for two years, until he was hired at Buena Regional High School in January of 1989 and worked there until his retirement in 2009. He has taught, and continues to teach, at the county college level

Exploring Predictors of First Appointment Attendance at a Pain Management Service

Background: Individual characteristics such as gender, employment and age have been shown to predict attendance at pain management services (PMS). The characteristics of those who drop out of pain management programmes have also been explored, but as yet no studies have analysed the characteristics of those who do not attend the service following referral. Purpose: To explore the characteristics and predictors of those who attend and those who do not attend their first appointment with a PMS. Method: Predictive factors in the two groups – attenders (n = 425) and non-attenders (n = 69) – were explored using logistic regression. Results: Non-attendance was significantly predicted by the patient being a smoker and the appointment being in the morning. Non-attenders also scored higher on the Modified Somatic Perception Questionnaire, indicating higher levels of somatic pain. Discussion: Predictors of non-attendance were different from those for individuals who drop out of pain services. Implications and recommendations are made for PMS

Thermal diode assisted by geometry under cycling temperature

Technological progress in electronics usually requires their use in increasingly aggressive environments, such as rapid thermal cycling and high power density. Thermal diodes appear as excellent candidates to thermally protect critical electronic components and ensure durability and reliability. We model the heat transport across a square plate with a hole subjected to an oscillating external temperature, such spatial and temporal symmetries are broken. We find rectification of the heat current that strongly depends on the frequency and the geometry of the hole. This system behaves as a thermal diode that could be used as part of a thermal architecture to dissipate heat under cycling temperature conditions.Comment: More information available here: https://sites.google.com/view/neptp-ungs-mecom2021/hom

LEAP Works! Outcomes of a Family-Based Nutrition Education and Physical Activity Promotion Program

Overweight is an endemic public health concern for children, adolescents, and adults. Reducing the prevalence of childhood overweight is a national health objective and nine million U.S. children, currently classified as overweight, require effective nutrition education and physical activity promotion services. The intent of this study was to evaluate the effectiveness of a family-based nutrition education and physical activity promotion program, Lifelong Eating and Activity Patterns (LEAP), as an effective approach for the prevention and treatment of child overweight. The study design was an eight-week intervention and participant files were analyzed retrospectively to ascertain information for the study variables. The main outcome measures were changes in body mass index (BMI), percent body fat, fitness level, and eating and activity behaviors for child and parent participants. Qualitative data gathered from an exit survey for both children and parents were used to assess perceived benefits, value, and effectiveness of the program. Participants included 107 boys (n=48) and girls (n=59) ages 7-14, mean age 10.6 years, and their accompanying parents. The child participants were either “at risk for overweight” (3%) or “overweight” (97%). The results showed a significant decrease in BMI for both child and parent participants and percent body fat for child participants. There was a significant increase in reported fruit and vegetable consumption, regular physical activity, and in fitness parameters for both child and parent participants. The qualitative exit survey results indicated that the LEAP program resulted in significant improvements in knowledge, attitude, and behavior. In conclusion, this family-based nutrition education and physical activity promotion program was effective in decreasing BMI and body fat, increasing fitness level, and eliciting positive changes in eating and activity attitudes and behavior in both child and parent participants