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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.

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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May 06, 2024 - 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
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April 30, 2024 - Class Action, Consumer Products, FDA
Implied Preemption for Dietary Supplements Is Here to Stay
By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Ashley E. Quinn
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
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April 26, 2024 - Consumer Products, Environmental Law
Now is the Time for PFAS Manufacturers and Importers to Prepare for TSCA's Retrospective Reporting Requirements
By: Krista S. deBoer and Michael A. Fine
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
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