General Business Products Liability Consumer Protection

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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

Canada’s Consumer Product Safety Act: An Update

Canada has a complex legal framework at both the federal and provincial levels that governs the safety requirements for products sold in Canada. The Canada Consumer Product Safety Act (CCPSA) is a broad federal statute that...more

Class Action Law Bulletin: Green Light for Class Actions by Consumers

In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a...more

New Requirements for NHTSA Recalls and Early Warning Reporting Become Effective October 21

In August, NHTSA adopted numerous amendments to its recall and early warning reporting (EWR) regulations. (See 78 Federal Register 51382 (Aug. 20, 2013)). Several of these amendments – which impact all vehicle and equipment...more

CPSC Considers Rule on Voluntary Recall Notices and Compliance Programs

The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted. One...more

Don’t Let Liability Exposure Be The Grinch That Ruins Your Holiday Season

With the holiday season quickly approaching, it’s a particularly good time to check your internal procedures. As you are certainly aware, a disappointed customer, or worse, an injured user, can assert claims against...more

After Recalls, Pharmacies Wonder How Well They REALLY Know Their Subcontractors

Pharmacy compounding has been a very hot topic over the last 12 months. Whether it is news from Capitol Hill regarding possible legislation, regulation from the Food and Drug Administration (FDA) or action by a state board of...more

New EU Cosmetics Regulation already in effect – 9 things for manufacturers and importers to know

A new European Union cosmetics regulation, already in effect, more broadly defines what a cosmetic is and changes the EU’s approach to cosmetics safety, holding that a cosmetic product must be safe for human health....more

6th Circuit Reaffirms Class Certification in Whirlpool II

his installment of the Hoosier Litigation Blog revisits the Supreme Court decision in Comcast Corp. v. Behrend in light of the 6th Circuits recertification of the class in Whirlpool II....more

Statutory Claims Against Manufacturers

When a dissatisfied consumer sues a manufacturer in Ontario, the unhappy consumer will frequently rely upon the Sale of Goods Act and the Consumer Protection Act, 2002. However, neither statute applies if the consumer did...more

CPSC Approves $3.9 Million Penalty and Imposition of Compliance Program for National Retail Chain

A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report...more

Out of the Box - Volume 1, Issue 1, June 2013: Proceed With Caution When Warning Product Users

For most consumer product companies, in-house counsel and risk managers can never be too careful when it comes to providing warnings or other disclosures that describe (and qualify) the potential risks and benefits associated...more

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

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

A Wake-Up Call to the Food Industry: FDA Announces Investigation into Use of Caffeine in Food

On the heels of Wrigley’s new promotion of its new caffeinated gum called Alert Energy, FDA has announced that it will be investigating the safety of caffeine in food products. The use of caffeine in food products has been a...more

European Commission Plans to Change Consumer Product Safety Rules

The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU. The Commission has put forward a new package of measures to provide more...more

FDA’s Medical Device “Enhancement” Reporting Has Potential Product Liability Implications

The U.S. Food and Drug Administration (FDA) recently issued a draft guidance document that could potentially require medical device manufacturers to report a wide variety of device improvements, ranging from routine updates...more

Burning Questions: Furniture and Baby Supply Industries Hit With Prop. 65 Notices for Newly Banned Flame Retardant TDCPP

What started as an effort to make upholstered products safer for consumers has apparently backfired on the furniture and baby supply industries. In the past four months since Proposition 65 (Prop. 65) action has been allowed...more

FDA Energy Drink Regulation in the News: Health Experts Push for Regulatory Changes and Monster Moves to Market as a Beverage...

On March 19, 2013, a group of doctors, researchers, and public health experts sent a joint letter to the Commissioner of the U.S. Food and Drug Administration (“FDA”) urging the FDA to make changes to the regulation of energy...more

When Food Production Leads to Prosecution

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained...more

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

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

“Food Fraud Database”: a New Tool to Protect Against Tainted Ingredients

Last week, the U.S. Pharmacopeial Convention (“USP”), a scientific nonprofit that sets standards for food ingredients, medicines and dietary supplements enforceable by the Food and Drug Administration, released an updated...more

Proposition 65 Activity Heats Up On Flame Retardant

Tris (1,3-dichloro-2-propyl) phosphate (TDCPP) is a chemical used as a flame retardant by the furniture industry to meet flammability standards, including California’s TB 117. TDCPP is found in the polyurethane foam used in...more

Rise in Food Contamination Calls for Proactive Risk Management in 2013

Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was...more

You Should Know - December 2012

In This Issue: - Six Tips for Safe Toys - 2012 Worst Toys - Dr. Toy's 100 Best Excerpt from 2012 Worst Toys: Study Reveals “10 Most Dangerous Toys of All Time” Play beads that turn into a date-rape...more

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

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

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