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Products Liability Communications & Media

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

SDNY Brushes Away Presumption Against Preemption and Stays Class Action Via Primary Jurisdiction

by Reed Smith on

We depend on young associates to perform most of the legal research that supports the arguments we make on behalf of our clients. By and large, those associates do an excellent job. On those rare occasions when we find...more

Keeping up with Diverters and Counterfeiters

How do manufacturers hear that they have compromised product in the marketplace? Up to now, there have only been a few ways. A consumer might lodge a complaint. An anomaly in sales to a particular distributor might arouse...more

UPDATE: The Revival of ECJ Lawsuits*

On June 8, 2017, Judge Carney dismissed Plaintiff’s class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint was implausible because it only...more

Jelly Beans Contain Sugar - The Continuing Saga of Evaporated Cane Juice Litigation

by Pepper Hamilton LLP on

In February, plaintiffs filed a class-action lawsuit in California against candy maker Jelly Belly on behalf of consumers who purchased jelly beans marketed as “Sport Beans.” They claimed that Jelly Belly used the phrase...more

Electronic Drug Product Listing Errors Can Result in FDA Warning Letter

by Morgan Lewis on

FDA Warning Letters focus on inaccurate drug product listings. Over the last year, the US Food and Drug Administration (FDA or Agency) has increased its enforcement efforts concerning drug product listing requirements,...more

Getting Specific about Specific Jurisdiction: Bristol-Myers Squibb

On June 19, the United States Supreme reaffirmed some basic principles of personal jurisdiction in Bristol-Meyers Squibb Co. v. Superior Court of California, 528 U.S. __ (2017). In a bloody-good 8-1 decision (with only...more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Court Declines to Certify Class in False Advertising Case Without Survey Evidence of a Common Consumer Definition

On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy’s marketing of an energy drink was misleading, finding that individual factual questions...more

Honest Settles “Natural” Product Advertising Class Action

by Klein Moynihan Turco LLP on

On June 12, 2017, The Honest Company, Inc. (“Honest”) and two named plaintiffs notified a federal district court in Manhattan that the parties have settled their lawsuit on a class-wide basis in connection with Honest’s...more

The Revival of ECJ Lawsuits: Sweet Tooth For Plaintiffs, or Toothless Claims?

Introduction. On May 22, 2017, plaintiff Jessica Gomez filed an opposition on behalf of a putative class of consumers urging a federal district court judge not to dismiss her lawsuit against Jelly Belly Co. (“Jelly Belly”)...more

Dietary Supplement & Cosmetics Legal Bulletin | June 2017

LEGISLATION, REGULATIONS & STANDARDS - FTC Warns Companies and Social Media Influencers on Sponsorship Disclosure - The Federal Trade Commission (FTC) sent 90 letters to companies and social media influencers...more

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class...

The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to...more

A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

by Carlton Fields on

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more

Hold That Order! FDA Freezes Menu Labeling Rules Until 2018

by Seyfarth Shaw LLP on

The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more

Weight Loss Marketing Companies Settle FTC Claims

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced a $32 million settlement with NutriMost, LLC, NutriMost Doctors, LLC and their owner (collectively, “Defendants”). The FTC alleged that the Defendants’ weight loss...more

Trump Privacy Rollback Continues, States Step Up

by McGuireWoods LLP on

On April 3, 2017, President Trump signed a repeal of new Federal Communications Commission (FCC) rules that would have subjected broadband internet service providers (ISPs) to more stringent consumer privacy regulations....more

Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule

President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give...more

Judge Koh Issues First Blow to “Added Sugars” Plaintiffs

The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company, No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases against well-known cereal makers...more

[Webinar] Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments - March 29th, 12:00pm EST

by Kelley Drye & Warren LLP on

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more

E-Cig Marketers Take Notice: Proposed New Jersey Flavored E-Liquid Law Advances

by Klein Moynihan Turco LLP on

Last week, the New Jersey State Assembly Health and Senior Services Committee (“Committee”) reported favorably on a proposed e-cig law that would prohibit the promotion, sale and distribution of vaping products with...more

The Internet of Toys

Privacy advocates in both the United States and Europe are urging regulators to take a hard look at the privacy ramifications of internet-connected toys, which are often conventional toys augmented by companion mobile...more

Popularity of Vapes Draws Attention of Big Tobacco

Industry Uses Old Strategies on New Products - Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

by Cozen O'Connor on

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products...more

Reexamination of “Healthy” Continues with an FDA Public Meeting in March 2017

As we’ve previously reported, FDA has signaled its interest in reviewing the scope and meaning of the nutrient content claim “healthy,” in part as result of a dispute with KIND LLC about label claims for its KIND Bar...more

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