Antitrust & Trade Regulation Products Liability Consumer Protection

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Long-tail Risk on the Horizon for the Tanning Bed Industry

As the United States continues through a winter that included a historic blizzard in the Northeast, many of us may be longing for summer days spent on the beach, soaking up the sun and working on a tan. A number of people,...more

The Internet of Things: The Inevitable Collision with Product Liability

The IoT – Internet of Things – is undergoing a rapid development that will continue to transform how we interact, conduct business and live our lives. The movement toward IoT’s ubiquitous application and use does not come...more

The Class Action Chronicle - Winter 2014

This is the sixth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Illinois Supreme Court Agrees to Review Tobacco Verdict Again

Not infrequently, the law calls upon a court to decide what another court would do with a particular issue or case. In the closing days of its September term, the Illinois Supreme Court agreed to take up Price v. Philip...more

FTC Takes Action Against Unsubstantiated Caffeine-Infused Shapewear Weight-Loss Claims

Wacoal America and Norm Thompson, both manufacturers of women’s shapewear, recently entered into consent orders to pay sums of $230,000 and $1.3 million, respectively, and agree to not make any false and misleading future...more

Operation Full Disclosure! FTC’s Frontal Assault on Ads

In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned...more

The Class Action Chronicle - Fall 2014

This is the fifth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Supreme Court Allows POM Wonderful to Sue Coke for False Advertising, Despite Its Apparent Compliance with FDA Regulations

In a unanimous decision, the Supreme Court in POM Wonderful LLC v. The Coca Cola Co. (June 12, 2014) held that the Food, Drug, and Cosmetic Act (FDCA) does not preclude a private party from bringing a Lanham Act claim...more

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

Too Good To Be True: FTC’s Crackdown On L’Occitane’s Body Slimming Almond Extracts

L’Occitane Inc’s advertisements for its topically-applied body sculpting almond extracts seemed straightforward: “Almond Shaping Delight 3 out of 4 women saw firmer, lifted skin. This luxuriously lightweight massage gel...more

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and...more

POM Wonderful™ News for Prescription Drug and Device Manufacturers?

Last week, the Supreme Court decided that POM Wonderful™, maker of pomegranate juice, could sue Coca-Cola Company, maker of a blended juice product that included pomegranate and blueberry juices, under the Lanham Act for...more

Supreme Court Paves The Way For Lanham Act Claims Against FDA-Regulated Competitors

The Supreme Court issued a unanimous decision last week in Pom Wonderful LLC v. Coca-Cola Co., a case pitting the false advertising provisions of the Lanham Act against the beverage labeling standards of the federal Food Drug...more

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits....more

“Buckyballs” and The Perils of Challenging Federal Powers Of Advertising Regulation

As someone who has litigated extensively against federal regulators on advertising issues, I have first-hand knowledge of how difficult it is to prevail in a case brought by the feds. For example, the FTC’s “win percentage”...more

Advertising Law - May 2014

Here Today, Still Here Tomorrow: FTC Settles With Snapchat - Now you see it … and now it’s still there. Mobile messaging app Snapchat went with a catchier slogan, promising consumers that pictures and videos...more

Safety First – Spotlight on Mandatory Safety Standards

The recent case of Director of Consumer Affairs Victoria v Dimmeys Stores[1] serves as a timely reminder to businesses of the importance of adhering to product safety standards prescribed by the Australian Consumer Law (ACL)....more

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

Introduction - For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer...more

Product safety law and compliance in Germany

An overview - When placing consumer products on the German market, various product safety standards have to be met. The applicable rules and regulations can be quite difficult to determine. Failure to comply will...more

Is the Supreme Court Needlessly Using Comcast Corp. v. Behrend to Vacate Certified Classes?

This installment of the Hoosier Litigation Blog provides a discussion of the Supreme Court's recent use of Comcast Corp. v. Behrend to vacate class certification in a number of cases including the Seventh Circuit's decision...more

Road to class certification gets bumpier

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for...more

Proposed Policies Regarding Recalled Rental Cars Insufficient

In past posts, we’ve reported that rental car agencies regularly lease recalled cars without fixing the underlying safety issue behind the recall. There have been a number of attempts to fix this problem, including a joint...more

New California Rental Car Recall Bill First of its Kind

In past posts, we’ve reported that rental car agencies regularly lease recalled cars without fixing the underlying safety issue behind the recall. There have been a number of attempts to fix this problem. First, in...more

Advertising Law - September 21, 2010

In This Issue: *SPECIAL FOCUS: EPA Decision Highlights Risks to Retailers Under FIFRA *NAD: Seventh Generation Should Modify, Discontinue Claims *FDA Warns Companies About Green Tea Claims *The Buzz on Google?s...more

Advertising Law - March 19, 2010

In This Issue: *Fight For Stricter Labeling on Foods That Pose Choking Hazard to Children *Louis Vuitton vs. Hyundai in Trademark Suit *FDA Warns Food Manufacturers of Labeling Violations *FTC to Review Three Regulatory...more

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