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The Ninth Circuit’s Food Court Menu: A Status Update
A few years back, the Northern District of California was dubbed the “food court” based on the influx of food misbranding class actions claiming that alleged FDA regulatory infractions constituted...
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Ninth Circuit Nixes San Francisco Soda Warning
Advertisers and purveyors of sugar-sweetened beverages can rest a little easier now. The Ninth Circuit recently ordered a district court to issue a preliminary injunction to enjoin the 2015 San...
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CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for...
In a split across party lines, the U.S. Consumer Product Safety Commission (CPSC or the “Commission”) recently voted on a largely unprecedented course of action: to ban an entire class of chemicals...
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Air Supremacy: Court Finds that Federal Aviation Regulations Preempt City...
On September 21, 2017, the District of Massachusetts ruled that Federal Aviation Regulations (FARs) preempt many of the restrictions that the City of Newton, Massachusetts, imposed on drones within its...
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Buerkle Poised to Take Her Seat
On October 4, the U.S. Senate Committee on Commerce, Science, and Transportation approved Ann Marie Buerkle’s (R-NY) nomination to the position of Chair of the Consumer Product Safety Commission (CPSC)...
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Consumer Product Update – California’s Green Chemistry Initiative Looks for...
Nail polish, household cleaners, carpets, upholstery, lead acid batteries and other products may be targeted for regulation under California’s Safer Consumer Products Program. The Program, also known...
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Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9...
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).[1] The court’s...
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Understanding FDA Guidance On Connected Medical Devices
In the coming years, we expect to see an explosion in the number of interoperable medical devices. These are connected medical devices that have the ability to connect to different technologies and...
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Full Disclosure: New Labeling for Cleaning Products
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 requires manufacturers of most cleaning products...
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Expiring Soon: Temporary BPA Warning Regs Under Prop. 65
With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A...
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Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False...
On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the...
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CPSC Issues Final Rule Expanding Phthalate Ban
Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five...
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Is Your Company Ready For Artificial Intelligence?
“The rise of powerful AI will be either the best or the worst thing ever to happen to humanity. We do not know which.” –Stephen Hawking Artificial Intelligence (AI) and autonomous technology will shape...
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California Appellate Court Upholds Denial of Class Certification on...
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer...
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Old Republic – Personal Jurisdiction Trending Defendant Friendly
In a recent decision regarding the scope of personal jurisdiction, the Tenth Circuit Court of Appeals extended the recent trend of limiting the reach of personal jurisdiction over out-of-state...
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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...
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Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9...
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).[1] The court’s...
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California Class Actions: 2018 Update
In our California Class Actions 2018 Update, we have outlined several key cases and trends that define the current class actions landscape. From “litigation tourism” to new definitions for unfair and...
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Connected Devices Bring New Product Liability Challenges
“My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact...
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