News & Analysis as of

Environmental Protection Agency (EPA) Class Action

Harris Beach PLLC

Defending Benzoyl Peroxide Acne Product/Benzene Litigation

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This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

Oberheiden P.C.

Everything You Need to Know About PFAS Lawsuits Over Forever Chemicals

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Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more

K&L Gates LLP

Litigation Minute: Microplastics—Everything, Everywhere, All at Once? (ESG Litigation Series: Part Two)

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What You Need To Know In A Minute Or Less - Microplastics, as a seemingly ubiquitous contaminant, have increasingly become the subject of online exposés and class action challenges. The Environmental Protection Agency (EPA)...more

Jones Day

Mandatory Disclosure on "Forever Chemicals," PFAS, in One State Propagates Consumer Class Action in Another

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In what appears to be a new pathway for PFAS litigation, California plaintiffs recently filed a lawsuit against the manufacturer of BIC razors stemming from disclosures the company made under Maine's PFAS law, which were...more

ArentFox Schiff

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

ArentFox Schiff on

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages. PFAS, commonly referred to as “forever...more

Harris Beach PLLC

EPA Proposes Rules for Regulating PFAS under RCRA

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The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to...more

Amundsen Davis LLC

PFAS: What Are They? Where Are They? And How Can Businesses Avoid the Litigation Associated with Them?

Amundsen Davis LLC on

“Per- and Polyfluoroalkyl Substances” (“PFAS”) are a group of approximately 15,000 chemicals found in thousands of products ranging from consumer products like food packaging, non-stick cooking materials, and cosmetics to...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 5

Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more

Nilan Johnson Lewis PA

PFAS – “Forever Chemicals” – Regulatory and Litigation Developments for Product Manufacturers

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Per- and polyfluoroalkyl substances, known by the acronym PFAS and better known by the moniker “forever chemicals,” are the focus of rapidly evolving regulatory regimes at the U.S. federal and state levels, which in turn is...more

Faegre Drinker Biddle & Reath LLP

5 Major Drug and Medical Device Developments in 2023

A popular New Year’s trend is to say “goodbye” to all the things that didn’t serve you in 2023, as you usher in new intentions and habits for 2024. Although there were many great trial outcomes and continuing scientific wins...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 11, November 2023

Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more

Kilpatrick

Third Circuit affirms dismissal of class’s warranty claims challenging Whirlpool’s use of Energy Star logo

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The Third Circuit affirmed the dismissal of a consumer class action against Whirlpool Corp. and various retailers of Whirlpool’s washing machine products after determining that an energy efficiency logo on three of...more

Harris Beach PLLC

PFAS Class Action Dismissed for Failure to Plead Mascaras Contained PFAS

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The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc. (“L’Oreal”) alleging its mascara products contained per-...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

K&L Gates LLP

Litigation Minute: Ethylene Oxide—Could Your Company Be a Litigation Target? (Ethylene Oxide Series: Part Two of Four)

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What You Need To Know In A Minute Or Less - Based largely on publicly available data from the U.S. Environmental Protection Agency (EPA), plaintiffs have been filing an increasing number of personal-injury and class-action...more

King & Spalding

Consumer Class Actions Update

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In prior newsletters, we covered the continued trend of consumer class actions related to the purported presence of PFAS in various consumer products. Below is an update on some additional recent activity: Kraft Heinz’s...more

K&L Gates LLP

Litigation Minute: Has the Supreme Court Left ESG Class Actions a Leg to Stand On? (ESG in Litigation Series: Part Four of Eight)

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the earliest modern environmental, social, and governance (ESG) cases decided by the Supreme Court, Massachusetts v. EPA (2007), turned on Article III standing....more

Harris Beach PLLC

As PFAS Litigation Swells, More Companies Must Consider Strategies for Class Defense; U.S. EPA Issues Health Advisory for PFAS

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From mascara to microwave popcorn, and from water to wrappers, the glut of litigation related to the presence of PFAS (per- and polyfluoroalkyl substances) has forced companies and attorneys to pay attention to prospective...more

Levenfeld Pearlstein, LLC

“Forever Chemicals” Are a Growing Environmental Concern: What Businesses and Individuals Need to Know

Though climate change dominates headlines during Earth Month, health experts (and lawyers) are increasingly concerned about a ubiquitous group of chemicals known as PFAS (per- and polyfluoroalkyl substances). The few people...more

Searcy Denney Scarola Barnhart & Shipley

Injured Patients Want Consolidation of Zantac Lawsuits

Litigation Update - On January 30, 2020, class action, consumer protection and pharmaceutical lawyers from around the country will be in federal court in Tampa, Florida to argue before a panel of federal judges whether...more

Flaster Greenberg PC

Federal Judge’s Comments In Willow Grove PFAS Case Suggest Time May Be Approaching When Pennsylvania (And Other States) Will...

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Last week, Law360 reported on a hearing that occurred in the Federal District Court for Eastern Pennsylvania before Judge Gerald Pappert concerning PFAS. The hearing concerned a motion to dismiss brought by the United States...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard Applies to Certification of Settlement Classes

On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.  Hyundai II preserves...more

Seyfarth Shaw LLP

Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context

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Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact...more

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