Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted
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- 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.... ›
CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer of Smoke Detector
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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... ›CPSC Launches New Business Product Safety Complaint Portal
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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... ›Beware of Conflicting Terms: When Customers Entered into Multiple Contracts, SCOTUS Says Courts Must Decide Which One Governs Arbitrability
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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... ›Health Halo Trend Continues With poppi "Gut Healthy" Sodas
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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... ›- - Privacy
Getting BIPA Right: Biometric Identifiers Must Identify
By: Purvi G. Patel and Elisabeth Hutchinson
The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et. seq., is one of the most hotly litigated privacy statutes in the country. As it stands, there is no clear appellate authority on BIPA’s reach in at least one critical aspect. Namely, whether... › Implied Preemption for Dietary Supplements Is Here to Stay
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On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary... ›Now is the Time for PFAS Manufacturers and Importers to Prepare for TSCA's Retrospective Reporting Requirements
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Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011 , by either May 5, 2025, or November 10, 2025. The EPA recently finalized a rule requiring certain reporting and recordkeeping for... ›