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. ...›

Consumer Product Update – California’s Green Chemistry Initiative Looks for New Products to Regulate

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 as the California Green Chemistry Initiative, is an innovative regulatory scheme to evaluate and seek safer substitutes for hazardous chemicals in consumer products. Read our client alert. ...›

October 5, 2017CPSC

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) after a two-day hearing.  Acting Chairman Buerkle’s nomination to another seven-year term as a CPSC Commissioner, beginning October 27, 2018, was also approved in a ...›

October 2, 2017Consumer Products, CPSC, Product Liability

CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for Rulemaking to Ban an Entire Class of Flame-Retardants

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 from popular consumer products.  Specifically, CPSC adopted a petition for rulemaking that sought to prohibit a highly popular flame retardant from certain consumer ...›

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 Francisco Ordinance requiring inclusion of a warning on all advertisements for sugar-sweetened beverages.[1]  The Ninth Circuit found that the required warning likely impinged on the ...›

September 27, 2017False Advertising, Food Misbranding

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 violations of California consumer deception statutes.  The first cases in the misbranding pack were appealed to the Ninth Circuit, with plaintiffs challenging district courts’ denials ...›

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 ...›