Communications & Media Products Liability General Business

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

How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 - Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies....more

Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion...more

Recent Decisions Regarding Duty to Warn Could Have Impact on Insurance Coverage

When we hear news of developments in the world of torts that could expand areas of potential liability, we naturally think about whether insurance is likely to respond to that liability. One area that has us thinking these...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

Product warning labels - How well-written product warning labels can lessen a company’s liability

When screwdrivers were created, they had an obvious use — to turn screws. But over time people started using them as chisels and pry bars, which led to injuries and the addition of warning labels that laid out the proper use...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 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

Levick Weekly - March 22, 2013: The Clairvoyant Corporation - General Counsel As Supermen

In This Issue: - The Clairvoyant Corporation General Counsel as Supermen - Smart Social Media Strategy - The GNC “Jack3d” Lawsuit Retailer Liability Hangs in the Balance - Blogs Worth Following - LEVICK In...more

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

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but...more

Product Liability Risk In Licensing Trademarks With Technology

A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal...more

BPA: Emotions Trump Science at Every Turn

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

A 100% Naturally Bad Preemption Decision

Sometimes a decision bounces around a bit before it lands on our plates. But when we finally spot it and read it, we realize it might be worth a quick chew. It may be a tasty little tidbit like a particularly good Twiqbal...more

More Inspiration from the Courts on Commercial Speech

When most of us think of the First Amendment, commercial speech is probably not what springs to mind. A business talking about its products doesn’t fit our classic perception of free speech. It will never equal the “I Have...more

Complying With Brazil's Consumer Protecting Code

Brazil, as the seventh largest economy in the world, and the fifth largest nation in terms of land mass, continues to present great market opportunities to foreign investors.  Product or service suppliers can enjoy great...more

Dismissal of Actimmune Proposed Class Action Affirmed

The Ninth Circuit late last month upheld the dismissal of a proposed class action concerning alleged off-label marketing of the drug Actimmune. In re: Actimmune Marketing Litigation, Nos. 10-17237 and 10-17239 (9th Cir....more

FDA Takes It On The Chin Again In First Amendment Case

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

Distance Selling - new EU Directive

The EU has issued new Rules on distance selling including internet trading that are designed to give more protection to consumers shopping online....more

A Quick Analysis of Kwikset: Labels Might Matter, But No Reset to Proposition 64

On January 27, 2011, the California Supreme Court held in Kwikset Corp. v. Superior Court, Case No. S171845, that plaintiffs have standing under California’s Unfair Competition Law (UCL) and False Advertising Law (FAL) if...more

19 Results
|
View per page
Page: of 1

Follow Communications & Media Updates on: