General Business Products Liability

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

FDA Issues Final Rule on Sanitary Transportation of Food

The Rule is broad in scope and reaches nearly every party involved in the shipment of food through the United States. On April 6, the Food and Drug Administration (FDA) published its final rule governing the sanitary...more

California Appeals Court Rejects Insurer’s Reliance on Contractual Escape Clause

According to a closely watched decision, an “other insurance” clause in a comprehensive general liability policy will not, as a matter of public policy, permit the insurer to avoid having to pay a share of the insured’s...more

The Auto Industry’s Safety Whistleblower Program: What You Need To Know

The Motor Vehicle Safety Whistleblower Program that originally passed through the U.S. Senate last summer but stalled in the House of Representatives has finally been signed into law by President Obama as part of the Fixing...more

TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose

In third party payor litigation over prescription medical products, we have often marveled at the causation arguments that plaintiffs have offered and the willingness of some courts to accept collective proof over what really...more

CPSC Recall Snapshot: April 2016

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. Last month, Administrative Law Judge Dean C. Metry issued a ruling against the CPSC in litigation with Zen Magnets over its small-diameter magnetic...more

CPSC Recall Snapshot: March 2016

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has been very aggressive over the past month. This past Friday, the Commission announced a record $15.45 million civil penalty against a...more

When Is Natural Unnatural? When It’s Not: The Federal Trade Commission Takes Exception to “All Natural” Claims

In the 1975 song, “Natural Mystic,” legend Bob Marley sang “There’s a natural mystic blowing through the air – I won’t tell no lie.” Channeling Marley, the Federal Trade Commission recently took enforcement action against...more

Second Circuit Stresses Control, Not Attribution, In Applying Janus’s “Ultimate Authority” Test, And Also Allows Expert Testimony...

In Janus Capital, the Supreme Court established the “ultimate authority” test to determine who may be liable under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) as a “maker” of a materially misleading...more

Grace Period Ends Soon for California Companies with Products Containing BPA

On May 11, 2016 products that contain Bisphenol A (BPA) manufactured, sold or distributed in California, without a proper warning, will be fair game for a Notice of Intent to Sue issued under the state’s Safe Drinking Water...more

Federal Preemption of State and Local Laws Governing Children's Products

In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Three Point Shot - March 2016

California Court to PGA Tour Caddies: You'll Get Nothing and Like It! As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players...more

Prop. 65 Warning Requirement for BPA Takes Effect May 11

The California Proposition 65 warning requirement for Bisphenol-A (BPA) takes effect on May 11, 2016. After May 10, products that contain BPA sold in California without a Prop. 65 warning could subject retailers,...more

MMPA Watch - Advertising Puffery Found Non-Actionable in Hurst v. Nissan

The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion...more

Federal Judge Prohibits Novelty Toy Seller From Selling Products Containing Recalled Magnets

Rare-earth magnets are small, strong, permanent magnets made from alloys of rare earth elements. The Consumer Product Safety Commission ("CPSC") has enacted strict regulations governing the sale of these magnets in the United...more

NHTSA Issues Recommended Best Practices for Protective Orders and Settlement Agreements in Private Litigation

The National Highway Traffic Safety Administration (NHTSA) last week issued “Enforcement Guidance Bulletin 2015-01: Recommended Best Practices for Protective Orders and Settlement Agreements in Civil Litigation,” which is...more

Old is New: History Repeats Itself

You may recall that in late 2011, we published the article, “Five Persistent Trends Affecting Automobile Dealers.” While the specifics may have changed, many of the trends continue to persist and affect dealers. This is a...more

Think Mink, part 2: Florida Federal Court Slams Door on Parallel Claims

Last November we blogged about "specialized" preemption issues in several cases, including Mink v. Smith & Nephew, Inc., 2015 WL 7356285 (S.D. Fla. Nov. 19, 1015). The plaintiff in Mink claimed physical injuries from a...more

Children's Products: Safety Regulations Governing Rattles and Magnet Sets

Through the Consumer Product Safety Improvement Act (CPSIA) and other federal statutes, the Consumer Product Safety Commission (CPSC) has promulgated regulations governing the manufacture and sale of children's products in...more

Massachusetts Court Holds Insured Contract Does Not Compel a Duty to Defend

In its recent decision in Jiminy Peak Mountain Resort, LLC v. Wiegand Sports, 2016 U.S. Dist. LEXIS 34209 (D. Mass. Mar. 16, 2016), the United States District Court for the District of Massachusetts had occasion to consider...more

Food for Thought: California Court Prevents Second Bite at the Yogurt - Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124-CJC-JCG...

Plaintiff Nicolas Torrent filed a putative class action alleging yogurt drink manufacturer, Yakult U.S.A., Inc.’s marketing and advertising claims concerning digestive health benefits were false and deceptive. Plaintiff...more

Made in the USA: Labeling Lawsuits in America's Pet Food Industry

As of 2015, the Food & Drug Administration (FDA) had become aware of more than 5,000 reports of American dogs that became sick or died after eating chicken jerky pet treats that were made in China, but marketed and sold by...more

“‘Tis As Easy As Lying”: Pennsylvania Court Rescinds Policy of Corporate Giant

Claims, arguments and tactics that are familiar from coverage disputes with consumers are increasingly being used against carriers by large corporate insureds—often with the assistance of well-known plaintiffs’ firms. Once in...more

Contribution Claims: Uncertain Jurisdictional Basis

An automotive component producer and an insurer have separately challenged the jurisdiction of the High Court in Iveco SpA & Iveco Ltd v Magna Electronics Srl [2015] EWHC 2887 (TCC), 13 November 2015 & XL Insurance Co SE v...more

Fundamental Change to Warranty Law: Consumer Warranties can be Posted online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty...more

Manufacturing Matters - Winter 2016

Welcome to Manufacturing Matters, DLA Piper’s specialist publication providing a round-up of legal news, sector updates and commentary for clients and contacts engaged in the manufacturing sector. British manufacturers...more

448 Results
|
View per page
Page: of 18

Follow General Business Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×