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Are You Covered? Warnings From Recent Face Mask Litigation
While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most...
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Court Finds No Private Right of Action Under Consumer Product Safety Act for...
The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety...
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First Decisions Limit PREP Act Immunity in Coronavirus Context
When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel...
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Getting Specific: Supreme Court Once Again Examines Limits of Personal...
Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to...
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Advertising Checklist for In-House Counsel
Along with making their advertising materials eye-catching and influential, consumer‑facing companies need to ensure that their representations about products and services comply with advertising laws....
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Using Waivers to Curb COVID-19 Legal Exposure
As states ease stay at home orders and individuals return to places of work and play, businesses are working hard to reduce the risk of transmission among their employees and customers. In addition to...
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Fool Me Once, No Injunctive Relief on Behalf of a Class of Purchasers
Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is...
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Ninth Circuit Confirms No Choice-of-Law Analysis Necessary to Certify...
The Ninth Circuit recently issued an opinion holding that district courts usually need not engage in rigorous analysis under the predominance inquiry of Rule 23(b)(3) before certifying a settlement...
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Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)
Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting...
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U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a...
The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of...
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Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of...
The Ninth Circuit recently issued an opinion addressing standing and willfulness under the Fair Credit Reporting Act (FCRA). In Ramirez v. TransUnion,[1] the Ninth Circuit affirmed a jury verdict and...
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Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under...
Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable...
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Schein On: Supreme Court to Decide Key Arbitration Delegation Question
The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in...
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Cancellations and Refunds Under California’s Consumer Protection Statutes in...
Several months into the widespread business closures and event cancellations resulting from the COVID 19 pandemic, we have seen businesses adopt a range of strategies to respond. Those strategies, in...
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How FDA is Monitoring the COVID-19 Product Market
FDA is actively “monitor[ing] the online ecosystem for fraudulent products peddled by bad actors seeking to profit from this global pandemic.” The agency says it has discovered hundreds of fraudulent...
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FDA Signals Flexibility with COVID-19 Tests
A bipartisan group of experts in economics, health, technology, and ethics recommended that the U.S. scale up COVID-19 testing—5 million per day by June, 20 million per day by midsummer—in order to...
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California Attorney General Holds Public Hearing in Los Angeles on Draft CCPA...
The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on December 3, 2019. The Los Angeles hearing...
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CARB Issues New Draft VOC Limits for Consumer Products
On November 7, 2019, the California Air Resources Board (CARB) held a second public workshop to review its draft proposed amendments (Draft Proposal) to its Consumer Products regulations. Since its...
View ArticleOutnumbered But in Charge: Democrat Commissioner Robert Adler Elected to...
The U.S. Consumer Product Safety Commission (CPSC) recently elected Commissioner Robert Adler to serve as vice-chair of the CPSC. Commissioner Adler, a Democrat who has served on the CPSC since 2009,...
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Will California’s Attempt to Invalidate Arbitration Agreements and Class...
The day the California Consumer Privacy Act of 2018 (CCPA) will become operative (January 1, 2020) is fast approaching. We have written extensively about the CCPA since it passed, and our past client...
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