Administrative Law, Commercial Law & Contracts, Products Liability

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

by Ellen Adler, Erin M. Bosman, Julie Y. Park | Morrison & Foerster LLP on 5/10/2013

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

FDA Proposes New Rules Regarding Growing, Harvesting, Packing And Holding Domestic And Foreign Produce

by Jason Reiser | Pepper Hamilton LLP on 2/14/2013

On January 5, 2013, the U.S. Food and Drug Administration (FDA), as part of a continuing overhaul of the United States’ food safety laws under the Food Safety Modernization Act (FSMA), published proposed rules regarding the...more

Stefanie Fogel On What’s Next For Food Labeling Issues In 2013

by Gene Grabowski | LEVICK on 1/7/2013

After a year that saw labeling issues come to the forefront of the food safety conversation, I sat down with DLA Piper trial lawyer Stefanie Fogel to get her take on how manufacturers, producers, and retailers can expect the...more

Companies Need to Review Their Insurance as FDA Announces First Rules Under FSMA

by Jonathan M. Cohen | Gilbert LLP on 1/7/2013

On January 4, 2013, the Food and Drug Administration (“FDA”) issued the first two rules that will put into effect the Food Safety Modernization Act (“FSMA”), a law passed by Congress in 2011 that is designed to prevent...more

New Safety Test Requirements for Children's Products Become Effective in February 2013

by Robert B. Hopkins, Paul S. Rosenlund | Duane Morris LLP on 12/14/2012

Manufacturers and importers of children's products, including toys, apparel, sporting goods and jewelry, will soon be subject to yet another safety-testing regulation addressing several vital issues related to such testing:...more

FDA Suspends Sunland, Inc.; Major Peanut Butter Producer Hit with First Food Facility Suspension Under the Food Safety...

by Duane Morris LLP on 12/1/2012

On November 26, 2012, the U.S. Food and Drug Administration (FDA) announced the suspension of the registration of Sunland, Inc., a producer of nuts, and nut and seed spreads, pursuant to the FDA's authority under Section 102...more

Generic Drug Law Update -- November 2012: New Bill Seeks to Expand Manufacturers Post-Sale Pharmacovigilance Duties

by Sedgwick LLP on 11/14/2012

Democratic legislators in both houses of Congress introduced legislation that seeks to reverse the U.S. Supreme Court’s recent decision in PLIVA, Inc. v. Mensing, 131 S.Ct. 2567 (2011), which bars state law tort suits against...more

Food Retailers: FDA Is Coming to Town

by Morgan Lewis on 11/6/2012

Agency's plan to conduct voluntary survey of retailers' foodborne illness risk signals FDA's increasing scrutiny in this area and the need for retailers to evaluate their food safety and risk management systems. ...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

by Morrison & Foerster LLP on 11/1/2012

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

Chinese Contracting Best Practices

by Robert Freedman - Partner at Tharpe & Howell,... on 9/19/2012

There are many risks involved in dealing with Chinese companies. We previously discussed The Importance Of China Due Diligence And Corporate Seals. And we asked the probing question: Is The Era Of Cheap Goods From China...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

by Dickinson Wright on 9/13/2012

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...more

Insurance Coverage for Food and Beverage Contamination

by King & Spalding on 9/5/2012

Damages owed from illness and death claims resulting from actual or alleged food and beverage contamination, along with the cost of recalls of potentially contaminated products, present serious financial risk to companies...more

BPA: Emotions Trump Science at Every Turn

by LEVICK on 7/13/2012

Bisphenol A (BPA) is back in the news. This time, it’s the General Mills brand Progresso coming under fire for using the chemical as an acid-resistant sealant in the lining of its metal soup cans. Despite a mountain of...more

Do You Know Your Local Fireworks Laws?

by Lawyers.com on 7/5/2012

If you’re among the Michiganders who rejoiced at the news that The Great Lakes State legalized most consumer fireworks this year, you might want to temper your enthusiasm while in the Detroit suburb of Warren. Mayor James...more

Court Rules That Bilingual Warning Labels Are Not Required For Product

by Snell & Wilmer L.L.P. on 7/3/2012

A recent product liability case will be useful in providing guidance to manufacturers and distributors on product warning labels and instructions. Last week, the Eleventh Circuit Court of Appeals ruled that general...more

More Thoughts On Bartlett

by Dechert LLP on 5/7/2012

Our initial post about Bartlett v. Mutual Pharmaceutical Co., ___ F.3d ___, 2012 WL 1522004 (1st Cir. May 2, 2012), was more or less a crie de coeur over what we saw as an essentially absurd result: that while a simple...more

ALEC Leads the Legal War Against Consumers

by Lawyers.com on 5/7/2012

Meet ALEC — the nickname for the American Legislation Exchange Council — that has recently come to light as a cozy meeting place where Big Business is accused of “ghostwriting” its wish list of laws that state legislators...more

Australia Expands Warranty Protection for Consumers

by Dinsmore & Shohl LLP on 3/27/2012

Exporting to Australia just got a little trickier for consumer product and service providers. The Australian Consumer Law (the “Act”) was recently amended to expand the warranty protections afforded to consumers. These...more

Food Insurance And Risk Management Newsletter - December 2011

by Lowenstein Sandler LLP on 12/19/2011

In This Issue: - THE SPREADING WEB OF FOOD RECALL LIABILITY Suits against Jensen Farms arising from its sale of listeria-tainted cantaloupes are expected to seek more than $100,000,000. These damages are estimated...more

FDA Takes It On The Chin Again In First Amendment Case

by Dechert LLP on 11/8/2011

This opinion involves cigarette warnings, so we have to be careful, since Dechert represents tobacco companies. We recommend that our readers interested in First Amendment issues take a look at R.J. Reynolds Tobacco Co. v....more

Company "Doe" Files Suit Challenging the CPSC Database

by Dechert LLP on 10/24/2011

Multiple reports indicate that an unnamed company filed a suit last week, under seal, to challenge aspects of the Consumer Product Safety Commission's new public database. Readers may recall that the Consumer Product...more

Macy’s Fined for Selling Dangerous Children’s Clothing

by Howard Ankin on 9/7/2011

Last month, Macy’s agreed to pay a $750,000 fine imposed by the Consumer Product Safety Commission (CPSC) based on allegations that the retailer knowingly failed to immediately report to the CPSC, as required by federal law,...more

First Amendment Toolkit

by Dechert LLP on 9/2/2011

Thursday is normally the day for our longer and meatier posts. However, the crush of business at the moment really is a crush. So we’re putting up something today that, frankly, doesn’t require as much work. Yesterday we...more

FDA’s Special Report on Product Safety and Quality

by Howard Ankin on 7/13/2011

The U.S. Food and Drug Administration (FDA) recently issued a special report on product safety and quality designed to meet the challenges imposed by the increasing number of FDA-regulated imports and a complex global supply...more

New CPSC Database Raises Regulatory Risks and Product Liability Exposure

by Venable LLP on 5/6/2011

Manufacturers and private-label distributors that do not regularly monitor developments at the Consumer Product Safety Commission may find themselves doing an abrupt about-face since SaferProducts.gov, a publicly available,...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Administrative Law › Commercial Law & Contracts › Products Liability