The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation. One emerging pattern is lawsuits alleging a failure to disclose the...more
The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to...more
Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
For the past three years, the California Office of Environmental Health Hazard Assessment (OEHHA), the agency governing Proposition 65, has issued several proposed amendments to the Proposition 65 short-form warnings....more
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more
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
Runaway verdicts against large corporations are on the rise. Recently, ExxonMobil was hit with a $725 million verdict in a single-plaintiff case when the jury found that the company failed to warn consumers about the...more
On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more
Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed additional safe harbor warnings for products containing acrylamide in response to recent litigation questioning the constitutionality of such...more
In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators...more
It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country.
From labor and employment disputes to landmark...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
CIPA ,
Class Action ,
Cybersecurity ,
Data Protection ,
Electronic Communications ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Foreign Commerce ,
Illinois ,
Interstate Commerce ,
Logistics ,
Privacy Acts ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Wiretapping
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
3/5/2024
/ Artificial Intelligence ,
Class Action ,
CLRA ,
Consumer Product Safety Commission (CPSC) ,
Corporate Transparency Act ,
Data Privacy ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Greenwashing ,
Hidden Fees ,
Invasion of Privacy ,
Labeling ,
Lithium Batteries ,
Machine Learning ,
Made in the USA ,
Marketing ,
Misleading Statements ,
PFAS ,
Proposition 65 ,
Recycling ,
Reporting Requirements ,
Self-Certification ,
Subscription Services ,
Wage and Hour ,
Wiretapping
California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning -
California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more
Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements -
On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more
On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily...more
On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, introduced its third attempt to amend the “short form” warning provisions of this widely...more
California Bans Several FDA-Authorized Food Additives; New York May Soon Follow -
On October 7, California Governor Gavin Newson signed into law AB-418, the California Food Safety Act, which completely bans, on safety...more
CEH Takes Legal Action Against Five Metal Plating Facilities Discharging High Levels of PFAS Chemicals into the Environment in LA County -
Cision PR Newswire -
LOS ANGELES, June 12, 2023 - Nonprofit organization the...more
1. Consumer Law Reforms -
2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more
4/4/2023
/ Artificial Intelligence ,
Automatic Renewals ,
Cryptoassets ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Influencers ,
Non-Fungible Tokens (NFTs) ,
PFAS ,
Popular ,
Privacy Laws ,
Product Packaging ,
Proposition 65 ,
ROSCA ,
Subscription Services ,
Toxic Chemicals ,
Unfair or Deceptive Trade Practices
PFAS-Containing Consumer Products Under Attack in California -
Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and...more
Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in...more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more