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Products Liability Updates

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

New Product Safety Requirements and Recall Procedures Adopted in Mexico: Time for Manufacturers to Update their Compliance...

by Foley & Lardner LLP on

The commercial and legal environment on product safety in vehicles, auto parts and other products has substantially changed in Mexico in 2018. Manufacturers carrying out business activities in Mexico should now be...more

A Brief Guide to the Replica Motor Vehicle Exemption to Federal Safety Standards in the Face of Implementation Delays

by Buchalter on

Federal Motor Vehicle Safety Standards normally prohibit a person from selling any motor vehicle or motor vehicle equipment that does not comply with federal motor laws, including EPA emissions standards and FMVSS safety...more

California Takes Three New Steps Under Its Green Chemistry Initiative

by Morrison & Foerster LLP on

California has taken three more important steps to implement its Green Chemistry Initiative. Also known as the Safer Consumer Products (SCP) Program, the state seeks to supplement federal regulations to regulate and encourage...more

Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case

On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth...more

The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case

On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain...more

CPSC Recall Snapshot

by Alston & Bird on

Welcome to the May edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, the CPSC joined its counterparts at the Federal Consumer Protection Agency of Mexico (PROFECO) and Health Canada in attending the...more

The Supreme Court - May 14, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued five decisions today: Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more

USDA Publishes Proposed GMO Labeling Regulations

by McDermott Will & Emery on

The Agricultural Marketing Service of the US Department of Agriculture (USDA) recently published a proposed rule containing regulations to implement the National Bioengineered Food Disclosure Standard mandated by Congress in...more

Babywearing Is Back – Make It Safe

CPSC Issues Federally Mandated Safety Standard on Slings, Pouches - Babywearing – the act of using a sling or a pouch to hold an infant to one’s body – has existed for thousands of years in several different cultures. In...more

Don’t Cry Over Spilt – Organic – Milk

by Thompson Coburn LLP on

The federal district court for the Northern District of California recently dismissed a putative class action lawsuit, which alleged that Horizon Organic milk containing “DHA” violated California’s unlawful and unfair...more

Second Circuit Affirms Summary Judgment in Hip Repair Product Liability Action

by Harris Beach PLLC on

Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...more

Increased Transparency For Litigation Funding Companies May Impact the Collateral Source Rule

by Butler Snow LLP on

“Litigation investment” companies have been in the news frequently in the past year, and state legislatures and courts are taking note and taking action. ...more

DRAM Shop Liability

In this podcast, McNees Wallace & Nurick LLC attorney Kimberly Selemba explains Dram Shop Liability in Pennsylvania and why it should be a priority for liquor license holders....more

New Strategies for Winning Dismissal of a Failure to Warn Claim: Wu Jiang v. Ridge Tool Company

A recent decision granting summary judgment for the defendant presents a compelling model for successfully defeating a failure to warn claim. Wu Jiang v. Ridge Tool Company, et. al, decided by the Honorable Rosalynn R....more

USDA Releases Long-Awaited Bioengineered Labeling Disclosure Rule

by Morgan Lewis on

The US Department of Agriculture, through its Agricultural Marketing Service, released its highly anticipated rule proposing a nationwide labeling requirement for foods containing bioengineered ingredients, also known as...more

Personal Jurisdiction/Forum Non Conveniens - The World in US Courts: Spring 2018

Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum - Arcelik A.S. v. E.I. Du Pont De Nemours and Company, United States District Court for the...more

Youth Football Bans are Decreasing in Interest

by Buchalter on

It appears that football bans are slowly dying. As I previously discussed, California, along with Illinois, New York, and Maryland proposed bills to ban tackling in youth football earlier this year. Please see Law360 article...more

National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing

National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing - In 2016 Congress passed an amendment to the Agricultural Marketing Act of 1946 to establish a national...more

FDA Extends Compliance Date for Updated Nutrition Facts Label

by McDermott Will & Emery on

The Food and Drug Administration (FDA) is extending the compliance dates for updating the familiar Nutrition Facts labels, from July 26, 2018 to January 1, 2020, for manufacturers with $10 million or more in annual food...more

Straight Talks: Innovations in product liability for autonomous and connected vehicles

by Hogan Lovells on

The autonomous vehicle revolution has introduced an exciting array of innovations into the automobile industry. Groundbreaking technology has created ingenious ways to address mobility and traffic issues. But it has also...more

Diet Soda Lawsuit Fizzles Out

Recently, a plaintiff’s purported class action against Diet Dr. Pepper went flat when a California federal judge held that the term “Diet” alone on a soft drink label does not constitute a claim that the soft drink will...more

Does South Carolina Recognize an Evidentiary Privilege for Trade Secrets?

by Nexsen Pruet, PLLC on

The Fourth Circuit recently certified this question to the South Carolina Supreme Court in Theodore G. Hartsock, Jr., as Personal Representative of the Estate of Sarah Mills Hartsock v. Goodyear Dunlop Tires North America,...more

A Celebrity Visit to D.C. Calls Attention to Cosmetics Regulations Reform

by Seyfarth Shaw LLP on

Seyfarth Synopsis: What brings a celebrity to the Hill? A look at the current state of cosmetics regulations and potential effects of the Personal Care Products Safety Act that has gained famous support. ...more

The 2018 Class Action Survey by Carlton Fields

by Carlton Fields on

Carlton Fields is pleased to share its seventh annual Class Action Survey, providing an overview of important issues and practices related to class action matters and management. As this annual publication evolves, we strive...more

Bristol-Myers Squibb: A Dangerous Sword

by Morrison & Foerster LLP on

On June 19, 2017, the U.S. Supreme Court issued a decision that has the potential to reshape the way class actions are litigated in courts throughout the country. In Bristol-Myers Squibb Co. v. Superior Court of California,...more

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