Mintz Levin - Consumer Product Matters

CPSC Public Database: A 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims that Can Easily be Overlooked

President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to the…more
| Civil Procedure, Consumer Protection, Elections & Politics, Products Liability

FDA Places Ban on Import of GE Salmon

Reversing course from the end of 2015, FDA recently announced an import ban on genetically engineered (GE) salmon until such a time as comprehensive labeling guidelines are introduced. Despite FDA’s approval of GE salmon in…more
| Consumer Protection, Elections & Politics, International Law & Trade, Science, Computers, & Technology

“Just Mayo” Maker Convinces FDA That a Different Label Doesn’t Have to Include a Different Name

Back in September we blogged about the Warning Letter that FDA issued to Hampton Creek Foods, Inc. for its vegan food dressing and sandwich spread, “Just Mayo” and a similar product, “Just Mayo Sriracha.” In addition to several…more
| Consumer Protection, Products Liability

Confirmation of New FDA Head May Be Held Up By GE Salmon Labeling Issues

On January 12, 2016, the Senate Health, Education, Labor, and Pensions (HELP) Committee unanimously approved the President’s nomination of Dr. Robert Califf as the next commissioner of food and drugs. (Senator Bernie Sanders,…more
| Communications & Media Law, Elections & Politics, Consumer Protection, Science, Computers, & Technology

Update: Albany County Legislature Amends Controversial Toxic Toys Law

Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,” that…more
| Conflict of Laws, Consumer Protection, Elections & Politics

CPSC Launches New Portal to Guide Companies through Regulatory Maze

Has your business experienced difficulty identifying on the CPSC’s website which product safety regulations are potentially applicable to your products? In an effort to better guide industry, particularly new product makers and…more
| Administrative Law, Consumer Protection, Products Liability

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, International Law & Trade

Congress Erects Hurdle for CPSC’s Recreational Off-Highway Vehicle Rulemaking in 2016 Omnibus Bill

The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that will affect a wide array of issues…more
| Consumer Protection, Elections & Politics, Transportation

The Future of Hoverboards: Federal Safety Standards or Voluntary Safety Standards?

Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught…more
| Consumer Protection, Products Liability

What Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?

On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Settlement Looms for “Made in USA” Jeans Suit

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. On November 30, 2015, the lead plaintiff in Paz v. AG Adriano…more
| Civil Procedure, Communications & Media Law, Consumer Protection

The Continuing Conundrum of the California Food Fight

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Must Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?

Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber. Crumb rubber is a granule material typically…more
| Consumer Protection, Education, Products Liability, Science, Computers, & Technology

FDA Finalizes Genetically Engineered Food Labeling Guidance & Approves “AquAdvantage Salmon”

Last week will undoubtedly be marked in the annals of Food and Drug Administration history as an important milestone for the Agency. On November 19, 2015, FDA approved the first genetically engineered (GE) animal intended for…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Three More FSMA Rules Finalized As the Year Comes to a Close

Although not quite meeting the deadline of October 31 established in a legal settlement last year, FDA has released a set of three more “foundational” Final Rules mandated by the Food Safety Modernization Act (FSMA or the Act)…more
| Agriculture, Commercial Law & Contracts, Consumer Protection, International Law & Trade
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