News & Analysis as of

Consumer Protection Products Liability

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

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

European Food Safety Authority Launches Public Consultation on the Risk Assessment of GMO at Low Level

by Jones Day on

The European Food Safety Authority ("EFSA") has launched a public consultation on a draft guidance document on the risk assessment of genetically modified organisms ("GMOs") present at low levels in food and feed material....more

The European Commission Amends Plastic Food Contact Materials Legislation

by Jones Day on

On April 28, 2017, the European Commission issued Regulation 2017/752, amending Regulation 10/2011 on plastic materials and articles intended to come into contact with food...more

Food, Dietary Supplement & Cosmetics Regulatory Update Vol. IV | Issue 4

by Jones Day on

On May 9, 2017, the Senate confirmed Dr. Scott Gottlieb as the next FDA commissioner. With a 57-42 vote, the Senate filled the commissioner position most recently held by Dr. Robert Califf, who resigned in January 2017 and...more

CPSC Recall Snapshot - Tensions Rise on Mandatory Standards

by Alston & Bird on

Welcome to the May edition of the Alston & Bird CPSC Recall Snapshot. In late April, the CPSC voted 3-2 to issue a notice of proposed rulemaking (NPR) “to address the risk of blade-contact injuries on table saws.”...more

What Parents Need to Know About the Spike in Child Product Safety Recalls

A recent report published by Kids in Danger (KID), a non-profit group dedicated to protecting child safety through recalls, indicates that child product safety recalls rose in 2016 over the previous year, peaking to its...more

“Pre-Approval” Design Defects - No Such Thing

by Reed Smith on

As our post-Levine preemption cheat sheet demonstrates, Mensing/Bartlett preemption is breathing down the necks of all prescription drug design defect claims. Recent cases finding preemption of design defect claims due to...more

Closing the Door on Hybrid Product Defect/Fraud Claims

On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC...more

Mislabeled Food Products Risk Allergic Reaction

by Wilson Elser on

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food...more

Hoverboard Fire - A Tragedy that Should Not Have Happened

Tragedy recently struck a Harrisburg, Pennsylvania family when a fire caused by a recharging hoverboard consumed their home, killing a 3-year-old girl, injuring several others and almost bringing the structure to the ground....more

Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend

On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint...more

CPSC Recall Snapshot: April 2017

by Alston & Bird on

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. In March, the CPSC approved a new federal standard for infant bathtubs. The CPSC stated that the new standard, which incorporates the most ...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

What Products Does the FDA Regulate Anyway?

by Fox Rothschild LLP on

The U.S. Food and Drug Administration (“FDA”) requests that consumers report any issues they experience with FDA-regulated products so that the FDA can further protect the public health. But it isn’t always clear which...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 3

by Jones Day on

FDA Amends Waivers to Sanitary Transportation Rule - On April 6, 2017, the Food and Drug Administration ("FDA") notified industry regarding the amendment of waivers available under the Sanitary Transportation of Human...more

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Guest Post – Come Together: Is UK Product Liability Law Getting More Like the U.S.?

by Reed Smith on

This guest post – only our second post ever on European issues is brought to you by Reed Smith partners Marilyn Moberg and (in the UK) associate Bond, Kathryn Bond (sorry, couldn’t resist). Our previous (and only) foray into...more

Medical Device Manufacturers’ Duty to Warn Expands

The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more

California Adds New Priority Consumer Product for Green Chemistry Regulation

by Morrison & Foerster LLP on

California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing...more

Legal, Political and Practical Challenges in Regulating Recreational Marijuana

by McDermott Will & Emery on

On March 30, eight bills were introduced by senior members of Congress from both parties to legalize, regulate and tax marijuana. The bills were referred to at least five House Committees, as they address federal criminal...more

TSCA Amendment: Upcoming Inventory Rule

by Foley & Lardner LLP on

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Amendment), which amends the Toxic Substances Control Act (TSCA), was signed into law. Under this amendment, EPA was authorized, amongst...more

Lithium-Ion Batteries: Hoverboard Suspected in Fatal Fire

by Wilson Elser on

Since our last blog post on lithium-ion batteries, there has been a report that a self-balancing scooter, known as a hoverboard, is the suspected cause for a March 10, 2017, fatal fire that occurred in Harrisburg,...more

Recalls: What Information Should Be On Your Social Media Forums?

by Nilan Johnson Lewis PA on

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and...more

Class Action Roundup: Winter 2017

by Alston & Bird on

Welcome to the latest edition of Class Action Roundup, covering the fourth quarter of 2016. As has been the case throughout the year, class actions continue to play a key role in courtrooms across the...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

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