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General Business Products Liability

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

What is Prop 65? - Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more

Prop 65: 9 chemicals added to California’s list for required warnings

by Thompson Coburn LLP on

During 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added nine compounds to its list of chemicals that product manufacturers are required by law to disclose to consumers. The disclosure...more

Makeup Shake Up: Potential New Federal Cosmetics Regulations

“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created...more

“Takata: The Unfortunate Recall” featured in the ACC Charlotte Chapter’s December Newsletter

David Conaway’s article, “Takata: The Unfortunate Recall”, was featured in the Association of Corporate Counsel Charlotte Chapter’s December 7, 2017 Newsletter. In the article, David discusses Takata’s airbag recall and the...more

Risk Mitigation Strategies for Food and Beverage Companies: Five Prophylactic Measures

by Dorsey & Whitney LLP on

Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more

Food & Beverage Litigation Update | October 2017 #4

by Shook, Hardy & Bacon L.L.P. on

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

Worldwide Group of Data Privacy Regulators Issues Guidance on Connected-Car Technologies

by Ballard Spahr LLP on

A global group of data privacy regulators has, for the first time, set forth data privacy and security guidance on the development of automated and connected-car technologies. ...more

EPA Extends Compliance Deadlines for Formaldehyde Emission Standards in Composite Wood Products

by Womble Bond Dickinson on

On September 26, 2017, EPA published a final rule in the federal register extending the compliance deadlines in its Formaldehyde Emission Standards for Composite Wood Products as follows...more

Stout Issues Third Annual Warranty and Recall Report

by Foley & Lardner LLP on

Massive automotive recalls continue to grab headlines and raise concerns industry-wide. Recalls of light vehicles topped 50 million units in 2016, representing the third consecutive year of elevated – and record setting –...more

Lessons From Two Auto Dealer Arbitrations About Nonsignatories

In two recent decisions, the Alabama Supreme Court made clear that if an arbitration clause specifies it only applies to disputes between the two parties who sign the clause, that will be strictly enforced. No third party...more

Product Liability Update: August 2017

by Foley Hoag LLP on

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more

Passenger Car Tires Drive into the Internet of Things

by Wilson Elser on

As tire manufacturers enter the age of the Internet of Things, some are making smart tires equipped with sensors that allow the consumer to view information regarding the tire on applications downloaded to their smart phones....more

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more

It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame...

by Farrell Fritz, P.C. on

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for...more

The U.S. Supreme Court Limits Sanctions to Compensation, Not Punishment

by Moore & Van Allen PLLC on

It is not every day the U.S. Supreme Court pays attention to matters that affect the practice of discovery, but that day came with Goodyear Tire and Rubber Co. v. Haeger, 581 U.S. ___, 137 S.Ct 1178 (April 18, 2017). Writing...more

Keeping up with Diverters and Counterfeiters

How do manufacturers hear that they have compromised product in the marketplace? Up to now, there have only been a few ways. A consumer might lodge a complaint. An anomaly in sales to a particular distributor might arouse...more

Supreme Court of United States Reaffirms Limits of Specific Jurisdiction

by Blank Rome LLP on

The Supreme Court of the United States recently reaffirmed the principle that there must be a direct connection between a forum state and the underlying controversy in order for a court to exercise specific jurisdiction over...more

Takata Declares Bankruptcy: What are the Key Next Steps for Suppliers?

by Foley & Lardner LLP on

On June 25, 2017, Takata’s US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan) (the “Takata US Debtors”), filed chapter 11 cases seeking bankruptcy protection...more

Jelly Beans Contain Sugar - The Continuing Saga of Evaporated Cane Juice Litigation

by Pepper Hamilton LLP on

In February, plaintiffs filed a class-action lawsuit in California against candy maker Jelly Belly on behalf of consumers who purchased jelly beans marketed as “Sport Beans.” They claimed that Jelly Belly used the phrase...more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

SCOTUS Decisions May Provide A Roadmap to Enforcing Arbitration Clauses Included In Product Packaging

by Cozen O'Connor on

It is open opinion season at the U.S. Supreme Court, and two recent decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product...more

EPA Proposes Extended Deadlines for Formaldehyde Emission Standards in Composite Wood Products

by Womble Bond Dickinson on

The Environmental Protection Agency has issued a direct final rule that would extend compliance deadlines in its Formaldehyde Emission Standards for Composite Wood Products. While this direct final rule does not address the...more

California’s Insurance Commissioner Encourages Admitted Carriers to Insure Cannabis Risks

by Wilson Elser on

Members of Wilson Elser’s Cannabis Law practice attended a teleconference led by California Insurance Commissioner Dave Jones with 63 insurance industry stakeholders on May 22, 2017, to discuss insurance requirements set...more

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