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Morrison Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.

October 21, 2024 - CPSC
CPSC Releases Annual Report on Deaths and Injuries Involving Nursery Products
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC emphasized that the statistics in the report related to incidents that involved
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October 18, 2024 - Consumer Products, CPSC, Product Liability
CPSC Proposes New Safety Rules for Infant Rockers
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks. Products within the scope of the NPR include infant rockers marketed for infants
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October 17, 2024 - CPSC
CPSC Commissioners Abstain from Retracting Infant Sleep Product Statements
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers to stop selling weighted infant sleep products. On August 30, 2024, following public outcry over
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July 23, 2024 - Class Action, Consumer Products, Retail
Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted
By: Claudia M. Vetesi, Lena Gankin and Mamie Tabet
While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law that parallel federal law.
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July 22, 2024 - CPSC, Consumer Products
CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer of Smoke Detector
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide Detectors after reports that the detectors failed to alarm in the presence
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July 16, 2024 - Consumer Products, CPSC
CPSC Launches New Business Product Safety Complaint Portal
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses believe do not comply with mandatory safety standards or are otherwise unsafe for
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July 11, 2024 - Consumer Products, CPSC, Product Liability
New Civil Liberties Alliance Alleges CPSC and Commissioner Trumka Exceeded Authority and Plans to File Suit
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating the constitutional and statutory rights of its client, Dreamland Baby
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July 03, 2024 - CPSC, Consumer Products, Product Liability, Retail
Lithium-Ion Battery Safety Heavily Featured at 2024 NFPA Conference
By: Erin M. Bosman, Matt Robinson and Rachel A. Kaiser
Lithium-ion batteries are rechargeable batteries, commonly found in devices used every day, including cell phones, e-cigarettes, and laptops. Lithium-ion batteries are also found in electric vehicles, e-scooters, and other micro-mobility vehicles. The National Fire Protection Association (NFPA), a nonprofit organization that seeks to eliminate
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June 20, 2024 - Appellate & Supreme Court, Arbitration, Class Action
Beware of Conflicting Terms: When Customers Entered into Multiple Contracts, SCOTUS Says Courts Must Decide Which One Governs Arbitrability
By: Adam J. Hunt and Jenny Morris
On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski , No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to enforceability. In Justice Jackson’s unanimous opinion, the Court found that
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June 17, 2024 - Class Action, Consumer Products, False Advertising, Food Misbranding
Health Halo Trend Continues With poppi "Gut Healthy" Sodas
By: Claudia M. Vetesi and Lauren N. Margolies
Are Prebiotic Drinks Plaintiffs’ Bar’s Next Target? Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans with label
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