Mintz Levin - Consumer Product Matters

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

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning…more
| Consumer Protection, Environmental Law

CPSC Sends Another Shot Across the Bow of Retailers with $3.8 Million Civil Penalty Against Best Buy for the Sale of Recalled Products

On Tuesday, the U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc. entered into a settlement agreement with the CPSC to pay a $3.8 million civil penalty to resolve allegations that it “knowingly…more
| Civil Remedies, Consumer Protection, Products Liability

Administration’s Biotechnology Working Group Updates Coordinated Framework & Unveils National Strategy

After launching with an ambitious agenda fourteen months ago, last Friday the Obama Administration announced that its Biotechnology Working Group had completed its two main tasks. The Working Group has proposed an Update to the…more
| Administrative Law, Science, Computers, & Technology
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