Mintz Levin - Consumer Product Matters

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 products…more
| Communications & Media Law, Consumer Protection, Products Liability

CPSC Begins Transition: Ann Marie Buerkle is Now the Acting Chairman of the Agency

February 9th, 2017, it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the…more
| Consumer Protection, Elections & Politics

Cosmetics Reform Activity Begins in the 115th Congress

As we have discussed in previous posts, Congress may be moving towards finally enacting some long-awaited cosmetics reform legislation this year. On January 13, Representative Pete Sessions (R-TX) reintroduced his cosmetics…more
| Consumer Protection

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

FDA Finalizes Tobacco Product Intended Use Rules, Under a Risk of Rescission by Congress

As we’ve previously written about, 2016 represented a regulatory sea change for manufacturers, distributors, and retailers of e-cigarettes and other electronic nicotine delivery systems (ENDS), who became subject to FDA…more
| Consumer Protection

“Extra Sweet Pink Flesh Pineapple” – Oh My!

First off, I will admit that I am somewhat of a sucker for fresh pineapple (in fact, it was my “gorging” food of choice during my pregnancies, when I could literally eat a whole pineapple in one sitting – which is embarrassing…more
| Agriculture, Consumer Protection

FDA Increases Transparency of Adverse Event Data for Cosmetics and Foods

On December 6th, FDA announced that it is publicly releasing data received by the Agency’s Center for Food Safety and Applied Nutrition (CFSAN) about adverse events related to cosmetics and foods, including both conventional…more
| Consumer Protection, Products Liability

Breaking: Court Rules Positively For CPSC In Federal Civil Penalty Case Against Spectrum Brands

We do not get many court decisions in the CPSC world, but yesterday we received one. Last evening, a Wisconsin federal district court essentially held in the Government’s case against Spectrum Brands, Inc. (Spectrum) that (1)…more
| Civil Procedure, Civil Remedies, Consumer Protection, Products Liability

With the passage of Proposition 67, the question is “Would you like paper or…paper?”

On November 8, 2016, California voters approved Proposition 67, the statewide ban on carry-out plastic bags, by 52 percent. At the same time, California voters rejected Proposition 65 by 55 percent–a measure that would have sent…more
| Consumer Protection, Elections & Politics, Environmental Law

FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs

We reported a few weeks ago about a new warning from FDA related to the safety of certain teething-related, non-prescription homeopathic drug products, and in that post we mentioned that both FDA and the Federal Trade Commission…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Health

CPSC in a Post-Election Government: Restraint and Moderation is Required by All Sides

We have had a huge election result, perhaps the most significant in our lifetime, potentially even exceeding what was called the Reagan Revolution. It is critical, particularly for anybody from Washington DC, to have a great…more
| Consumer Protection, Elections & Politics

Coming Soon to a Lawbook Near You – New Cosmetic Requirements

Back in April 2015, Senators Dianne Feinstein (D-CA) and Susan Collins (R-ME) introduced the Personal Care Products Safety Act (S.1014). More recently, on September 22, 2016, the Senate Health, Education, Labor, and Pensions…more
| Consumer Protection, Products Liability

Stuck in the Middle with the FTC

Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings. For example, in 2014, the…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law

Homeopathic Products Under Renewed Scrutiny Following FDA’s Consumer Warnings

Last week, following up on a more general warning issued on September 30, FDA alerted the public that it had received at least 10 reports of baby deaths associated with the use of homeopathic teething products, as well as over…more
| Consumer Protection, Products Liability

Moving on From “Natural,” FDA Seeks Comments on What It Means to Be a “Healthy” Food

As it signaled it would be doing earlier this year, FDA has initiated a public process to redefine the implied nutrient content claim “healthy” when it is used on food labels and labeling. In addition, while the process is…more
| Communications & Media Law, Consumer Protection
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