Mintz Levin - Consumer Product Matters

Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List

Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”) exposures…more
| Administrative Law, Consumer Protection, Environmental Law, Products Liability

“GMO” Labeling Food Fight: How Vermont’s Act 120 Is Pressuring An Entire Industry

On July 1, 2016, Vermont’s Act 120 will require food manufacturers to indicate in the labeling of all products regulated by FDA when the food has been produced with the use of genetic engineering (GE). Unless Congress acts with…more
| Agriculture, Conflict of Laws, Consumer Protection, Elections & Politics, Science, Computers, & Technology

What is CPSC’s Statute of Limitations for Civil Penalties? That’s a Gabelli Question

After filing a Section 15(b) report and conducting a recall with the Consumer Product Safety Commission (“CPSC”), it is not uncommon for a company to wonder whether it timely filed its report under the Consumer Product Safety…more
| Civil Procedure, Consumer Protection, Products Liability

Maple Syrup Trade Organization Seeks FDA Regulation of “Maple” Products

I haven’t met many people who don’t love maple syrup. Its versatility knows few bounds – traditional pancake or waffle topper, lemonade, salad, and doughnuts come to mind. As you might imagine, the maple syrup industry actively…more
| Antitrust & Trade Regulation, Communications & Media Law

Zen Magnets Claims “90% Victory” Against CPSC in Magnet Recall Litigation

On March 25, 2016, Administrative Law Judge Dean Metry found that the U.S. Consumer Product Safety Commission (“CPSC”) case counsel did not prove that high powered, small rare earth magnets (“SREMs”) (1) are defective as sold by…more
| Consumer Protection, Products Liability

A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA

Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA). The final Sanitary Transportation of Human and…more
| Agriculture, Consumer Protection, Transportation

“Multi-Agency Interactive Tool” Available for Developers of Health Apps

It seems as though 2016 may become the year that industry receives a plethora of helpful interactive portals from Federal Agencies. My colleague Matt Cohen recently reported on the existence of a new CPSC tool called The…more
| Antitrust & Trade Regulation, Health, Privacy, Science, Computers, & Technology

Post-Senate Vote, Major Food Manufacturers Choose to Label Genetically Engineered Foods

In the wake of the Senate’s defeat of legislation that would have preempted state-mandated GE ingredient labeling on food products, a new trend is emerging, as one food manufacturer after another announces that they will…more
| Agriculture, Communications & Media Law, Consumer Protection, Elections & Politics, Products Liability

National Retailer Settles FTC Native Advertising Complaint

The potential pitfalls of native advertising were on display this month at the Federal Trade Commission (FTC). The agency reported that national retailer Lord & Taylor settled with it on charges that the company improperly paid…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

Breaking: CPSC Obtains Record $15.45 Million Civil Penalty in Settlement Agreement with Gree

This morning, the U.S. Consumer Product Safety Commission (CPSC) announced that it has obtained a record-breaking $15.45 million civil penalty in a settlement agreement with Gree Electric Appliances of China, Hong Kong Gree…more
| Civil Remedies, Consumer Protection, International Law & Trade, Products Liability

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets. In the latest…more
| Civil Procedure, Civil Remedies, Consumer Protection, Products Liability

Lawsuits Against The Honest Company Highlight Continued Risks of “All Natural” Labeling

Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients. The Honest Company sells…more
| Communications & Media Law, Consumer Protection, Business Torts, Products Liability

Fraudulent Dietary Supplements Highlighted in the 2016 National Consumer Protection Week

In case you hadn’t heard about it or didn’t get involved in any of the events hosted by various campaign members, the week of March 6-12 was National Consumer Protection Week. Besides the usual efforts to educate the public…more
| Communications & Media Law, Consumer Protection

Health Canada Assesses Monetary Penalties against Company under Canadian Product Safety Act for First Time

On March 11, Health Canada announced that it had assessed administrative monetary penalties under the Canada Consumer Product Safety Act (CCPSA) against company Orange TKO Industries (Orange TKO or the Company) of Calgary. …more
| Consumer Protection, Products Liability

Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act. In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was…more
| Civil Procedure, Labor & Employment Law, Consumer Protection, Products Liability
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