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Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7

by Jones Day on

USDA Inspector General Recommends Reform of AMS Organic Program for Imports - The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS") process used in determining whether exporting...more

Regulators Share Agendas and Insight on Consumer Protection Enforcement - Highlights from "Navigating the 'Age of Uncertainty'...

by Holland & Knight LLP on

Holland & Knight, the Word of Mouth Marketing Association (WOMMA) and the National Bar Association Commercial Law Section on Nov. 8, 2017, held an informative, half-day seminar featuring presentations and a panel discussion...more

C.D. Cal. Excludes Three Plaintiff Experts in Breast Implant Case

by Reed Smith on

It is not as if we are delighted to see efforts to resuscitate breast implant litigation, but we won’t groan when the rulings are as good as they are in Laux v. Mentor Worldwide, LLC, No. 2:16-cv-01026-ODW(AGR) (C.D. Cal....more

CPSC Recall Snapshot - CPSC Phthalate Ban and More on the Earth Magnet Saga

by Alston & Bird on

Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. The CPSC again saw multiple noteworthy events occur in October. On October 26, 2017, the CPSC issued a final decision and order on Zen Magnets and...more

Non-News: Warnings Claims For A Generic Drug Preempted (Still)

by Reed Smith on

We can be inundated with news. Old news. New news. Fake news. Breaking news. News that makes you want to break something. News that makes you want to go back to bed. In trying to be discerning consumers of the news, it...more

No Voluntary Dismissal for Plaintiffs, and a Summary Judgment Win for Defendants, in Central District of California Risperdal Case

by Reed Smith on

In the mass torts world in which we find ourselves, glimmers of jurisprudential light can seem few and far between. Two things we love are good warnings causation decisions and sneaky plaintiffs getting caught at their own...more

Court Says “Lights Out” on UL Certification Lanham Act Claim

Last week, a federal judge in Manhattan examined the intersection of false advertising and trademark infringement law in connection with the alleged misuse of a certification mark, and found the plaintiff to be entitled to...more

A Second Look at Eye-Drop Litigation

by Reed Smith on

Just two days ago, Bexis lowered the boom on the Third Circuit’s recent decision in Cottrell v. Alcon Labs, ___ F.3d ___, 2017 WL 4657402 (3d Cir. Oct. 18, 2017). In a 2-1 decision, the Cottrell court permitted the...more

Full Disclosure: New Labeling for Cleaning Products

by Morrison & Foerster LLP on

On October 15, 2017, California Governor Jerry Brown signed into law Senate Bill 258, known as the Cleaning Product Right to Know Act of 2017 (the “Act”). The Act requires manufacturers of most cleaning products sold in...more

Unreliable Expert Opinion Does In California Talc Verdict

by Reed Smith on

We are sure you all heard about the $417 million verdict returned recently against a talcum powder manufacturer in Los Angeles, and we are equally sure you heard about the trial court’s order setting the verdict aside a...more

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

Guest Post – Accutane Amici Say: Relax Somewhere Else – Expert Testimony in New Jersey Should Be Held to a Higher Standard

by Reed Smith on

The Accutane litigation in New Jersey has been covered closely by this Blog for its duration. The Blog’s most recent Accutane post evaluated the Appellate Division’s decision to reverse the trial court’s order excluding...more

CPSC Final Rule Prohibits Children’s Toys and Child Care Articles that Contain Specified Phthalates, Removes Interim Prohibition...

by Bergeson & Campbell, P.C. on

On October 27, 2017, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule prohibiting children’s toys and child care articles that contain specified phthalates. The rule caps off almost a decade of effort...more

Medtronic v. Lohr Has Two Shadows

by Reed Smith on

For over fifty years, the BBC has been chronicling the exploits of that ultimate learned intermediary, Dr. Who. Over the decades, successive Doctors have crossed swords (or sonic screwdrivers) with a wide variety of enemies,...more

Communities in Crisis: Local Responses to Behavioral Health Challenges

As the opioid and mental health crises continue to gain national attention, local leaders are stepping up to implement programs to address the prevalence and impact of untreated serious mental illness (SMI) and substance use...more

Preemption as a Mass Tort Talisman?

by Reed Smith on

A talisman is something thought to protect whoever has it from evil or harm. In the old days a talisman might be something like garlic to ward off vampires or the Seal of Solomon to keep away various evil spirits. Nowadays,...more

Quaker Dodges False Ad Suit Over Mislabeled Oatmeal

A California federal court judge sided with Quaker Oats Co., ruling that it did not engage in false advertising by dubbing several varieties of its instant oatmeal “Maple & Brown Sugar,” even though the products did not...more

Dressers Recalled Due to Child Injury Risks

by The Rothenberg Law Firm LLP on

More than One Million Dressers Recalled Because of Tipping and Entrapment Dangers - If you have a young child in your house, it is important to stay up-to-date on furniture recalls and dangerous products. Many furniture...more

M.D. PA Declines to Dismiss Monitoring/Declaratory Judgment Action vs.  Blood Temperature Regulation Device

by Reed Smith on

We thought we were on a winning streak on medical monitoring. In August, we blogged about plaintiff lawyers stumbling in their efforts to walk the not-quite-yet-injury line. In September, we blogged about a denial of a...more

CPSC Recall Snapshot - New Commissioners and Court-Ordered Judgment for Late Reporting

by Alston & Bird on

Welcome to the October edition of the Alston & Bird CPSC Recall Snapshot. There have been several recent noteworthy events involving the CPSC. In September, President Trump announced his intent to nominate Dana Baiocco, a...more

Staying The Course In A Mississippi Drug Case

by Reed Smith on

Defense hacks. Homers. Biased. These are just a few of the labels we have applied to the authors of this Blog. While we recognize our leanings and strive to offer something more than just cheering a decision for the defense...more

Eleventh Circuit Has No Appetite for Non-GMO Claims

The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of Chipotle Mexican Grill in a false advertising action, holding that the plaintiff failed to demonstrate an actual injury based on the...more

Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement...

A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). The court’s 23-page opinion is a strong...more

Frito-Lay Drops ‘All Natural’ Labels to Settle Class Action

To settle a class action challenging advertising for chips and dip products touted as “made with all natural ingredients,” Frito-Lay North America, Inc., has agreed to change its labeling....more

CPSC Expands Phthalate Restrictions in Toys and Child Care Articles

by Beveridge & Diamond PC on

This week, the U.S. Consumer Product Safety Commission (CPSC) voted to expand existing phthalate restrictions in children’s toys and child care articles. ...more

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