News & Analysis as of

Consumer Protection Products Liability

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

CPSC Requests Feedback to Reduce Compliance Burdens

by Kelley Drye & Warren LLP on

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them. The Commission has asked for comments and...more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

by Ballard Spahr LLP on

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more

FDA Extends Compliance Dates for Nutrition and Supplement Facts Label and Serving Size Final Rules

by Baker Ober Health Law on

On Tuesday, June 13, the United States Food and Drug Administration (FDA) announced it was extending the compliance dates for its final rules for Nutrition and Supplement Facts Labeling and Serving Sizes....more

FSVP compliance dates arrive, challenges to food industry increase

by Thompson Coburn LLP on

On May 30, 2017, the FDA’s Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals went into effect, placing new compliance requirements on food importers. As readers will recall, in 2011,...more

Lawsuit Challenges GRAS Rule on Food Substance Safety

by Morgan Lewis on

Public interest groups challenge FDA’s “Generally Recognized as Safe” Rule as failing to ensure food ingredients are safe for consumers....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

Closing the Door on Hybrid Product Defect-Fraud Claims

by Morrison & Foerster LLP on

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

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

by Knobbe Martens on

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

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