Welcome to Class Dismissed

Morrison & Foerster is pleased to announce the launch of our new Class Dismissed blog. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Product Liability practices provide insights and reports on the latest news, developments, and trends that affect consumer-facing companies.


Welcome to Class Dismissed

Morrison & Foerster is pleased to announce the launch of our new Class Dismissed blog. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Product Liability practices provide insights and reports on the latest news, developments, and trends that affect consumer-facing companies. ...›

September 22, 2017CPSC

Trump to Nominate New Commissioner to CPSC

President Trump announced yesterday his intent to nominate Jones Day partner Dana Baiocco to the position of Commissioner of the Consumer Product Safety Commission (CPSC) for a 7-year term starting next month. She will replace Obama-appointed Commissioner Marietta Robinson. As we had predicted, the makeup of the CPSC will shift from a 3-2 Democratic majority ...›

Wheels Are Turning on Federal Self-Driving Policy

One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning. The U.S. House of Representatives earlier this month passed the bipartisan Safely Ensuring Lives Future Development and Research in ...›

August 31, 2017Consumer Products, CPSC, Product Liability

CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics

In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) eliminated third-party testing for compliance with CPSC’s phthalates prohibitions for seven plastics.  The Commission decided that these plastics with specified additives do not contain concentrations above 0.1% of the phthalates prohibited in children’s toys and child care articles. Phthalates are sometimes used in children’s ...›

Pharma

Bristol-Myers Squibb: The Aftermath

Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017) (“BMS”). Mass tort defendants have wasted little time in moving to dispose of claims from nonresident plaintiffs under this ruling. As previously reported, on June 19, 2017, the ...›

August 1, 2017CPSC

Trump Nominates Buerkle as Permanent CPSC Chair

On July 24, 2017, the White House announced President Trump’s intent to nominate Ann Marie Buerkle (R-NY) as the next Chairman of the Consumer Product Safety Commission (CPSC) for a seven year term beginning October 27, 2018.  She currently serves as a Commissioner at CPSC and as Acting Chair.  As we recently reported, CPSC will ...›

Warning: New Proposition 65 Warning Regulations Taking Effect

A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for providing Prop 65 warnings. Companies that have not yet started preparing for the implications of these new rules will need to do ...›

July 27, 2017CPSC, Product Liability

Shift In CPSC Leadership Means More Changes To Come

At the midpoint of 2017, we look back on the U.S. Consumer Product Safety Commission’s activity under the new administration, including how recalls and penalties stack up against previous years, new focal points for safety initiatives and enforcement and an interesting development from the White House that could affect the CPSC’s regulatory approach in the ...›

FDA’s Denial of Citizen’s Petition “Clear” Enough for Preemption of Failure-to-Warn Claims

The Tenth Circuit recently upheld a Utah district court’s finding that a branded drug manufacturer could not be held liable for failing to warn consumers about alleged birth defect risks when the FDA had previously rejected a citizen’s petition calling for the same warnings.  Cerveny v. Aventis, Inc., No. 16-4050 (10th Cir. May 2, 2017). ...›