News & Analysis as of

Baby Products

FDA Approves “First-of-its-kind” Infant Medical Device

The U.S. Food and Drug Administration (FDA) recently authorized the use of what it described as a “first-of-its-kind” medical device to treat infants for a birth defect called esophageal atresia, in which the upper esophagus...more

A Damages Class Is Certified, but No Standing for Declaratory and Injunctive Class

by Carlton Fields on

A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more

Crib Bumpers: The Current Regulatory Picture

by Stinson Leonard Street on

When it comes to a baby's room, many parents find that matching is a must. One type of "matching" item that many consumers purchase is a pad that lines the interior of a crib, known as a crib bumper. Indeed, crib bumpers are...more

New York AG Takes Enforcement Action Against Heart Monitoring Apps: Murmurs of Concern are Heard in mHealth App World

In a move sure to cause murmurs in the large and growing mobile health application industry, the Office of New York Attorney General Eric Schneiderman (OAG) has used state trade laws to extract concessions and monetary...more

Third Circuit Affirms Rescission of $25 Million Contaminated Products Policy

by Carlton Fields on

In H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 16-1447 (3d Cir. Jan. 11, 2017), the Third Circuit affirmed a District Court’s order allowing insurer Starr Surplus Lines Insurance Company (“Starr”) to rescind a $25...more

New CPSC Safety Standard on Baby Slings

In early January, the U.S. Consumer Product Safety Commission (CPSC) adopted a new federal safety standard for infant sling carriers. 82 Fed. Reg. 2326-1 (Jan. 9, 2017). CPSC’s new rule follows its 2010 warning that baby...more

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

by Dickinson Wright on

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

Rubber Ducks, Teethers and More: A Guide to Current and Proposed Regulations of Phthalates in Children's Products

by Stinson Leonard Street on

Phthalates are chemicals that provide flexibility and durability to a variety of products. They have historically been used in children's toys, particularly those made of flexible plastics. Phthalates soften plastics,...more

Co-sleeping Safely: A Guide to the Current Regulations of Infant Bedside Sleepers

by Stinson Leonard Street on

The bedside sleeper, also called a "co-sleeper" or "co-sleeping bassinet," provides a baby and parent their own sleeping experiences while still enabling the parent to be in close proximity to the baby. This product is most...more

The First Baby Bed: A Guide to Current and Proposed Regulations of Bassinets

by Stinson Leonard Street on

Have you ever wondered which type of children's product has the longest history? As far as children's sleeping products are concerned, the bassinet is probably the most time-honored staple. Iron baby beds were developed in...more

The Modern Play Pen: A Guide to the Current and Proposed Regulations of Play Yards

by Stinson Leonard Street on

On May 12, 1998, 16-month-old Danny Keysar died after his portable crib, also known as a play yard, collapsed while he was napping at his licensed childcare facility in Chicago. When the play yard collapsed, Danny's neck had...more

2016 Emerging Issues in the Children's Products Industry

by Stinson Leonard Street on

Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the...more

FTC warns, connected baby monitors are more susceptible to hackers

At the PrivacyCon event held by the Federal Trade Commission (FTC) last week in Washington, D.C., the FTC warned that several brands of baby monitors lack basic security features like complex passwords and data encryption,...more

California Federal Court Is Unpersuaded By A Recent Fourth Circuit False Advertising Decision In Reconsidering Its Ruling On A...

by Alston & Bird on

The Honorable John A. Kronstadt for United States Federal District for the Central District of California, denied a Defendant’s motion to reconsider his previous ruling on a motion to dismiss based upon a subsequent Fourth...more

U.S. Consumer Product Safety Commission Recalls DaVinci Brand Cribs

Is your baby’s crib safe for use? Every year, products intended for children are recalled because of potential hazards. In many cases, numerous child injuries occur before a dangerous product is removed from store shelves....more

Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion...more

Trademark Review - Volume 3 | Issue 6 June 2013

In This Issue: • Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking • MOTT’s for Baby Food Is Considered Primarily Merely a Surname • Company Uses More than Is Reasonably...more

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

by Pepper Hamilton LLP on

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...more

In re Baby Products Antitrust Litigation: Third Circuit Issues Game-Changing Decision Affecting Cy Pres Funds in Claims-Made Class...

by King & Spalding on

On February 19, 2013, the United States Court of Appeals for the Third Circuit vacated a district court order approving a class action settlement, holding that a district court must specifically determine that a claims-made...more

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