Mintz Levin - Consumer Product Matters

701 Pennsylvania Avenue, N.W.
Washington, D.C. 20004, United States

  • 202-434-7305
  • 202-434-7400

CPSC to Hold its Annual Priorities Hearing on July 24th

Last week the CPSC formally announced it would be holding its annual “agenda and priorities” hearing at the CPSC on July 24th at 10am. The purpose and importance of this meeting is somewhat underappreciated in terms of the role…more
| Administrative Law, Consumer Protection

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Consumer Protection, Products Liability

Unredacted Company Doe (Ergobaby) Opinion Released

We previously wrote about the recent 4th Circuit decision that ordered the unsealing of a district court opinion siding with a manufacturer who challenged a product safety report the CPSC planned to post on its Saferproducts.gov…more
| Civil Procedure, Consumer Protection, Products Liability

Grocery Manufacturers File Suit Against Vermont Over GMO Law

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final…more
| Commercial Law & Contracts, Communications & Media Law, Constitutional Law, Consumer Protection

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Products Liability

U.S. Supreme Court: Pom’s Mislabeling Suit Against Coke Not Precluded by FDA Regulations

Recently, the Supreme Court ruled, 8-0, that Pom Wonderful LLC could pursue mislabeling claims under the federal Lanham Act against the Coca-Cola Company, even though the label at issue complied with FDA labeling regulations…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Consumer Protection, Products Liability

No Quorum at Senate Nominations Hearing for CPSC’s Adler; Three CPSC Nominees Now Waiting for Committee Action

The CPSC’s Acting Chairman, Robert (Bob) Adler, testified before the U.S. Senate Committee on Commerce, Science, and Transportation for his confirmation hearing this week along with four other nominees for various positions…more
| Elections & Politics, Consumer Protection

Update: Vermont Legislature Passes Toxic Chemicals Bill

Last month, we wrote about the toxic chemicals legislation bouncing between the Vermont House and Senate. On May 9, 2014, the Vermont Legislature gave final approval to the bill, S.239, which gives the Vermont Department of…more
| Commercial Law & Contracts, Environmental Law, Consumer Protection, Health

Confirmation Hearing for Commissioner Adler on June 11th

According to the Senate Commerce Committee’s hearings calendar, the committee will be holding a nominations hearing on June 11th at 2:30pm to “consider several nominations.” There are unconfirmed reports that the CPSC’s current…more
| Administrative Law, Elections & Politics, Consumer Protection

Former CPSC Chairman Brown Expresses Concern over CPSC’s Voluntary Recalls Rule

Former CPSC Chairman Ann Brown recently sent a letter to the leaders of the CPSC’s congressional oversight committee asking for them to “urge the Commission to consider its proposed [voluntary recalls] rule carefully and to…more
| Commercial Law & Contracts, Elections & Politics, Consumer Protection, Products Liability

Check Your CAP: CPSC Releases Revised Monthly Progress Report Form for Recalls

The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency. The revised form is in some respects better written than its predecessor and retains many of the old information…more
| Commercial Law & Contracts, Consumer Protection

Counterfeit Certification Marks: How to Certify that the “Certified” is Certified

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes, HARRIS TWEED, and many,…more
| Communications & Media Law, Consumer Protection, Intellectual Property

Acting Chairman Adler Renominated for Second Term as Commissioner at the CPSC

In an unexpected move, President Obama announced this afternoon his intent to renominate current CPSC Acting Chairman, Robert Adler, to a second term at the agency. Acting Chairman Adler’s current term expires in October of this…more
| Elections & Politics, Consumer Protection

CPSC Settles Complaint Against Ex-CEO of Buckyballs and Buckycubes

On May 9, 2014, the CPSC and the maker of Buckyballs and Buckycubes settled the July 2012 administrative case brought by the CPSC alleging that these “rare earth magnets” pose a substantial product hazard. The settlement…more
| Consumer Protection, Products Liability

Will Feds Step Onto the GMO Playing Field?

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such bills…more
| Administrative Law, Constitutional Law, Consumer Protection
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