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Products Liability Consumer Protection

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

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

by Morrison & Foerster LLP on

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

Why 2nd Time Was Not The Charm For Baby Food Class Cert.

by Morrison & Foerster LLP on

On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying the...more

DOJ Issues Guidelines for Enforcement Related to Off-Label Promotion

by Foley & Lardner LLP on

On February 28, 2018, Ethan P. Davis, the Deputy Assistant Attorney General for the Consumer Protection Branch, addressed the life sciences community regarding off-label promotion. In his remarks, Deputy Assistant Attorney...more

Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers

by Morrison & Foerster LLP on

With regulatory frameworks around autonomous vehicles (AVs) under development at the federal, state, and local levels, new autonomous technology frontiers are emerging for rulemakers. The latest is personal delivery devices...more

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule...more

California Proposes Next Group of Priority Products (PFASs in Carpets and Rugs) Under Its Green Chemistry Initiative

by Morrison & Foerster LLP on

California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product. On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion...more

CPSC Will Continue to Use Agency Collaborations to Focus on the Environmental Health and Safety of Nanomaterials

by Bergeson & Campbell, P.C. on

On February 12, 2018, the U.S. Consumer Product Safety Commission (CPSC) posted its Fiscal Year 2017 Annual Performance Report. According to the Report, in fiscal year (FY) 2017, CPSC exceeded its target of five...more

Urgent, Urgent, Urgent … Emergency: FDA Advises Companies to Issue Appropriate Product Recall Warnings

by Arnall Golden Gregory LLP on

Channeling the rock band Foreigner and its 1981 hit, “Urgent” (or the Beatles’ “Get Back” single), the Food and Drug Administration issued a draft guidance in January 2018, cautioning industry to properly warn the public...more

Food for Thought: FDA’s New Foreign Supplier Verification Program

by White and Williams LLP on

The Food Safety Modernization Act (FSMA), signed into law on January 4, 2011, has been hailed as a historic first overhaul of our nation’s food safety system in more than 70 years. The sweeping changes follow decades of food...more

CPSC Votes to Sue Britax Over B.O.B. Strollers

by Kelley Drye & Warren LLP on

Last Friday, the CPSC voted to sue Britax Child Safety, Inc. to force the company to recall various models of single and double B.O.B. jogging strollers. The one-count administrative complaint alleges that the strollers...more

CPSC Recall Snapshot - CPSC January Recalls and New Standard

by Alston & Bird on

Welcome to the February edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, the CPSC announced a new federal standard for infant slings, geared toward preventing deaths and injuries to young children....more

CPSC Sues Britax over Stroller Wheel Detachments

On Friday, February 16, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it had voted 3-1 (along party lines) to authorize CPSC staff to file an administrative complaint against Britax Child Safety, Inc.,...more

Michaels Stores Inc. Agrees to Pay $1.5 Million CPSC Civil Penalty

by Kelley Drye & Warren LLP on

Last week, the Department of Justice (“DOJ”) announced that Michaels Stores Inc. has agreed to pay $1.5 million in civil penalties to settle allegations that Michaels failed to file a timely report about a safety hazard...more

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

by Thompson Coburn LLP on

In the fall of last year, California Governor Jerry Brown signed the Cleaning Product Right to Know Act of 2017 (the "CPRTKA"), adding provisions to the California Health and Safety Code commencing at § 108950 related to...more

Beyond Licensing: Prop 65 Liability Risks for California Cannabis Companies

California has finally ushered in the era of state-licensed cannabis, and cannabis is now a commercial product much like any other (well, at least in the state’s eyes). Forward-thinking companies will not rest on their...more

California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan

by Morrison & Foerster LLP on

On February 8, 2018, the California Department of Toxic Substances Control (DTSC) released a Draft Three-Year Priority Product Work Plan (2018-2020) (new Work Plan) under its Safer Consumer Products (SCP) Program. The SCP...more

Massachusetts Launches New Online Breach Reporting Form

by Murtha Cullina on

On Monday, February 5, 2018, the Massachusetts Attorney General’s Office (AGO) sent an e-mail blast regarding their new online form for businesses needing to report breaches under Chapter 93H of the Massachusetts General...more

Product Liability Update: January 2018

by Foley Hoag LLP on

First Circuit Holds Foreseeability of Health Risk Is Standard For Failure To Warn Even Though Claim Is For Property Remediation, And Bulk-Selling Chemical Manufacturer Had Post-Sale Duty To Warn Only Direct Customers Even If...more

FDA Issues 2018 Strategic Policy Roadmap

by Harris Beach PLLC on

The Food and Drug Administration (FDA) issued its 2018 Strategic Policy Roadmap (the Policy Roadmap) in an effort to provide the public with insight into select key priorities of the FDA for 2018. While the document is not...more

A Client's Guide to FDA Recalls

Product recalls are critical events for firms that produce food and medical products. The lives and health of patients and consumers can be at stake. Companies risk enforcement action by the Food and Drug Administration...more

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is...more

Food & Ag Weekly Round-Up: January 2018 #4

by Husch Blackwell LLP on

Food Quality News discussed a USDA proposal to revise swine inspection rules. Food Engineering discussed the status of FSMA compliance....more

More on BMS & Nationwide Class Actions

by Reed Smith on

Speed. Some things move faster than others. When we viewed last August’s solar eclipse, in Tennessee, the Moon’s shadow was moving along the Earth at a rate of about 1,450 miles per hour. Depending mostly on latitude, your...more

California Issues Clarifications to Proposition 65 Regulations Going into Effect Next Summer

by Husch Blackwell LLP on

On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice indicating the approval of amendments to Proposition 65’s “clear and reasonable warnings” regulations. OEHHA issued...more

CPSC Recall Snapshot – CPSC Stays Active During Trump Administration

by Alston & Bird on

Welcome to the January edition of the Alston & Bird CPSC Recall Snapshot. While the government was shut down for part of January, the CPSC was hard at work in the last month, announcing 29 new product recalls in December...more

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