Manufacturers

News & Analysis as of

‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,...more

Does Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?

I am writing to report about a recent dismissal of a manufacturing defect claim made against a medical device manufacturer in the USDC for the Eastern District of Pennsylvania. This decision is favorable to our clients that...more

Factoryless Goods Producers May Be as Hypothetical as Their Domestic Factories

Recently, the Office of Management and Budget (“OMB”) has considered a controversial new federal classification: “Factoryless Goods Producers” (“FGP”). FGP recognizes that a significant portion of the American workforce is...more

Spray Drift and Volatilization: Issues to Navigate Carefully as EPA Develops Registration Review Decisions

Spray drift and volatilization issues increasingly are significant issues in pesticide product risk assessments. Earlier this year, the U.S. Environmental Protection Agency (EPA) issued drafts of key guidance documents, which...more

Products Liability Cases Often Involve Complicated Issues, Such as When Competing Experts Disagree Over Cause of Car Accident

Because many automotive manufacturers or parts suppliers reside in or do business in Michigan, products liability cases arising from car accidents are frequently litigated in Michigan. These cases can be extremely...more

Seller Beware: California Announces Draft Plan for New Consumer Product Categories Under Its Green Chemistry Initiative

California’s toxics agency, the Department of Toxic Substances Control (DTSC), has released a draft three-year work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry...more

Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately...more

FDA Regulatory and Compliance Monthly Recap

Mobile health industry could get a boost as FDA draft guidance exempts certain medical devices, including digital health devices - The FDA’s decision to not require a number of mobile health devices to go through the...more

California Issues Draft Three-Year Green Chemistry Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) issued a draft Priority Product Work Plan (Work Plan) pursuant to the California Safer Consumer Product (SCP) regulations. The Work Plan...more

DTSC Releases Draft Initial Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under the Safer Consumer Products Regulations. The Regulations require...more

NAM Says No Need for En Banc Rehearing in Conflict Minerals Case

Earlier, the United States Court of Appeals for the District of Columbia Circuit ordered the appellants in the conflict minerals case, NAM et al, to file a response to the SEC’s and Amnesty International’s petition for an en...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Medical Device Manufacturer Settles Trade Agreements Act Suit

A whistleblower alleged that the manufacturer knowingly violated the Trade Agreements Act’s country of origin requirement. Government contractors must agree that the products they sell to the U.S. government under...more

Disruption Protectors: Companies Can Take Three Steps to Minimize the Costs of a Supply Chain Interruption

Supply chains have grown increasingly complex. Each link in the chain presents the potential for a problem, and any disruption may cause costly consequences throughout the supply chain. Adopting a proactive solution now might...more

Why Manufacturers Should Look At The Federal Trade Commission (FTC)’s Website

As readers of this blog know, Pam looks at OSHA’s website often to stay up to date on news that impacts manufacturers. I tend to look at the Federal Trade Commission (FTC)’s website to see if there are any recent orders or...more

Customer Collaboration and Predictive Analytics Can Lead to Successful Product Manufacturing

Advanced manufacturing companies increasingly implement “Intellectual Property Plus,” an expanded view of IP assets and risks. Through this lens, companies incorporate customer expectations and preferences in new product...more

FDA Takes a Bold Step Toward Laboratory Developed Test Regulation: How Labs and IVD Manufacturers Should Prepare for the Future

On July 31, 2014, the U.S. Food and Drug Administration ("FDA") announced plans to regulate laboratory developed tests ("LDTs"). In this Client Alert, we explore FDA's proposed regulatory framework for LDTs and discuss some...more

Publish The List — Hold The Irony

As required by section 1502(d)(3)(C) of Dodd-Frank, the U.S. Commerce Department has compiled and posted (albeit more than a year late) a list of ”all known conflict mineral processing facilities worldwide.” Without the...more

Domestic OCTG Industry Largely Prevails In Trade Cases, But Some Foreign Producers Avoid Duties

The domestic industry largely prevailed in trade cases against unfair imports of oil country tubular goods (OCTG) when the International Trade Commission (Commission) voted on its final determinations on August 22. The...more

The Long Haul To Sustainability

Those markets include China, where Airbus has an A320 final assembly line at Tianjin, countries across South-East Asia, Japan and Australia. For Airbus, forming close collaboration with players in the Asia Pacific region is...more

Don’t Forget About Conflict Minerals

The first wave of Form SD filings has come and gone, leaving us with more insight into supply chains and manufacturing processes than most of us ever wanted, yet much uncertainty about the actual sources of the conflict...more

Offsite Fabrication at Permanent Facility Not Subject to Prevailing Wage Law

California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local...more

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more

Combating Counterfeiting: How Owners Can Protect Their Brands

Counterfeiting is the practice of manufacturing and/or selling goods, usually of inferior quality, under a brand name without the brand owner’s permission. The damage from counterfeiting is extensive and far-reaching and...more

A Hundred Years Of Making Furniture In Southern Virginia. And Then Came China

Beth Macy's Factory Man (Little, Brown, 2014) is a great recounting of an untold piece of American business and manufacturing history. It begins in 1902, when John D. Bassett (called "Mr. J.D.") started Bassett Furniture in...more

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