Children's Products

News & Analysis as of

What Would Dr. Seuss Say about an Allowance?

Earlier this month we had the release of a second book by Harper Lee, “Go Set a Watchman”, which was miraculously discovered having been written some 50+ years ago. This week, there was another release from a (now deceased)...more

FDA Investigates Children’s Cough and Cold Medication With Codeine Amid Safety Concerns

In the wake of the European Medicines Agency’s (EMA) recently announced warning against giving codeine to children under 12 years old, the FDA announced its own safety investigation of the drug for use in children. The FDA’s...more

Unhappy Meals – Who Regulates Food Advertising for Kids?

Food labeling and advertising is a hot topic these days — from whether genetically modified ingredients should be disclosed to when and how companies can make the claims that their products are “all natural.” How companies...more

California Bill Would Complicate Labeling Requirements for Children’s Products

California state law bill SB 763 has stayed relatively under the radar since its introduction in February 2015. However, with recent traction in the state legislature – including passage in the Senate in June and passage in...more

Minnesota Legislative Update: 2015 Legislative Session Wrap-up

After 10 years of budget deficits, the Minnesota Legislature convened in January to set the state’s biennial budget with a projected $1.9 billion surplus. This surplus spurred hope of an orderly session and predictions of tax...more

Wet Wipes Manufacturer Must Back Up Its Flushing Claims (And Not Consumers’ Plumbing)

On May 18, 2015, the FTC announced a settlement with Nice-Pak Products, Inc., concerning claims that its moist wipes are “flushable,” “break apart after being flushed,” and are “safe” for sewer and septic systems. Nice-Pak...more

The data protection sweep day on apps and websites addressed to children occurred on Tuesday!

On Tuesday, the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA”) announced that, 28 privacy authorities across the world, members of the Global Privacy Enforcement Network,...more

Over 65,000 children in the U.S. are victims of medication errors

When young patients receive care from a medical professional, their parents rarely think that their children may be receiving improper medication....more

Will new FDA pediatric cancer drug save lives?

Neuroblastoma is a cancer that affects the nerve cells during early childhood. According to the American Cancer Society, neuroblastoma represents the most common cancer in infants younger than one year old. Sadly, in addition...more

Child Injury and Delayed Product Recalls

Graco Fined $10M for Failure to Timely Recall Dangerous Car Seat - Last year saw a number of product recalls. Indeed, the sheer number of vehicles involved in the Takata airbag recall alone has been staggering. Graco,...more

Recall Mishandling and Dangerous Child Products

Last year, Graco recalled almost 6 million car seats due in large part to a safety defect. The recall began with around 3.8 million car seats, but it grew over the course of 2014. When the buckle mechanism on the car seats...more

Intellectual Property Exclusion Bars Coverage for Unauthorized Use of Famous Inventor’s Name to Sell Toys

In Alterra Excess & Surplus v. Estate of Buckminster Fuller (No. A140453, filed 3/9/15), a California Appeals Court held that an ISO policy’s exclusion for intellectual property unambiguously barred coverage for a Lanham Act,...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Federal judge declines to dismiss olive oil consumer class actions. A US...more

The YouTube Kids app is here! Now what?

Google made good on the rumors and the company’s subsequent promise last December to create a family-friendly version of its popular YouTube service with its launch on Monday of the YouTube Kids app. Available on both the App...more

Modification of Florida Law Imposes New Requirements on the Use of Child Safety Restraint Seats

Most new parents are aware that they need to purchase a car seat for their newborn children. Effective January 1, 2015, a new law in Florida, House Bill 225, which modifies Florida Statute section 316.613, is getting...more

OIG Approves Free Diapers and Playpen in Connection with Medicaid Program Promoting Pre- and Post-Natal Care

On January 26, 2015, the U.S. Department of Health & Human Services, Office of Inspector General (OIG) issued an advisory opinion approving an entity’s practice of advertising and providing free diapers and free portable...more

This Just in: OIG Rules Free Diapers Are Not an Illegal Kickback

The February Profile in Courage Award goes to the Office of Inspector General (OIG) of the Department of Health & Human Services. In its very first Advisory Opinion of the year, the OIG has boldly proclaimed that a provider...more

CPSC’s Proposed Rule Would Expand Phthalate Ban

The Consumer Product Safety Commission (CPSC) recently published a long-awaited proposed rule that, if finalized in its current form, would permanently ban certain additional phthalates from children’s toys and child care...more

Albany County, NY Enacts Stringent Children’s Product Safety Law

Do local governments, such as town councils and county legislatures, have a role in regulating consumer products that is typically reserved for the federal and state governments? Apparently, the legislature and executive of...more

CPSC Proposes Additional Phthalate Restrictions

The U.S. Consumer Product Safety Commission (CPSC) has published a notice of proposed rulemaking in the Federal Register proposing to make more stringent a federal prohibition on phthalates in many children’s products....more

You Should Know - December 2014

In This Issue: - Gaming Cheat Sheet - Tips for Parents - Best & Worst Games - Excerpt from Video Game Cheat Sheet for Parents: So Your Kids Want a Video Game. Now What? As entertainment...more

PSC to Discuss Draft Phthalates Rule at December 5th Meeting

On December 5, 2014 the U.S. Consumer Product Safety Commission (CPSC) will be briefed by staff on a recommendation to issue a proposed rule to permanently prohibit five phthalates – DINP, DIBP, DPENP, DHEXP, DCHP – from...more

CPSC Tackles Child Injuries in Proposed Ban

Magnets, Choking Hazards, and Fatal Child Injuries - When should a hazardous product be banned due to safety concerns? A recent article in USA Today stated that the Consumer Product Safety Commission might ban...more

CPSC Magnets Trial in December? Zen Magnets Throws Down the Gauntlet; Vows to “Fight Until the End”

Two years ago, the U.S. Consumer Product Safety Commission (CPSC) took the uncommon step of filing administrative complaints against multiple rare-earth magnet companies who refused to voluntarily recall magnetic adult desk...more

Recent Recalls Aimed at Infant Products - Child Product Recalls: Hazardous High Chairs and Cribs

It is always distressing to learn that a product you have purchased has been recalled. For new parents, information about a defective infant product can be particularly alarming. According to a recent article in the...more

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