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. ...›

Flame

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an administratively feasible way to determine who is in the putative class. ...›

Cheese
January 6, 2017Class Action, Consumer Products, FDA, Retail

California Court Denies Stay of Consumer Class Action Challenging “Natural Cheese”

On December 6, 2016, United States District Judge John A. Kronstadt for the Central District of California denied a motion to stay a class action alleging violations of the UCL, FAL, and CLRA against Kraft Foods Group, Inc. based on the term “natural cheese” on the packaging of its shredded cheddar cheese product, which allegedly contain artificial coloring. ...›

December 22, 2016Consumer Products, Environmental Law

California Issues New Guidance for Alternatives Analysis for Safer Consumer Products

California’s Green Chemistry Initiative has taken another step forward with proposed guidance on how to perform the required “alternatives analysis” by manufacturers of certain consumer products sold in the state. The California Department of Toxic Substances Control (DTSC), the lead agency for the Safer Consumer Products Program, has issued a revised draft of its Alternatives Analysis Guide (Guide) that contains the first and second stages of the alternative analysis process. ...›

Rare Court Decision in CPSC-Backed Enforcement Action

A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC) backed lawsuit. United States v. Spectrum Brands, Inc., No. 15-CV-371-WMC, 2016 WL 6835371, at *24 (W.D. Wis. Nov. 17, 2016). While CPSC actively oversees voluntary recalls, it seldom brings suit in court. ...›

California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and other greenhouse gas–producing chemicals. CARB enforces these regulations with civil penalties and demands for stipulated injunctions. ...›

Pesticides
December 5, 2016Class Action, Environmental Law

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal laws. In Atay, citizens of Maui County had voted into law an ordinance that banned the planting and testing of genetically engineered (“GE”) plants. ...›

November 23, 2016False Advertising, FTC

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission. District Court Judge Steven Mayberry of the Middle District of Florida ordered defendant Nicholas Congleton to disgorge $29 million in ...›

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were highlighted, the workshop’s focus was on whether drones raise unique privacy considerations and, if so, how such considerations should be addressed. ...›

October 5, 2016Consumer Products

Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of

California’s Department of Toxic Substances Control (DTSC) has released the results of aquatic toxicity testing on over-the-counter remedies, health and beauty products, and cleaning products. The results indicate that over one-in-four of the tested everyday products fail the department’s acute aquatic toxicity fish bioassay test, and thus, according to DTSC, they should be managed upon ...›