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Last week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and vinegar, lemon, or lime juice to be marketed as “French …›
The California Consumer Privacy Act has been operative for two full years now, and plaintiffs continue to file CCPA claims at a brisk clip. 2021 saw nearly 100 new complaints with CCPA claims with many of the same types of claims we saw in …›
The Ninth Circuit addressed the ability of non-parties to invoke arbitration agreements, and refreshed its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. Read more from Lena Hughes in MoFo’s Left Coast Appeals blog. KIM NGO V. BMW OF NORTH …›
As subscription models have gained exponential traction, legislatures are clamoring to ensure that their auto-renewal laws keep up with novel consumer protection issues. Several states have introduced or revised their auto-renewal laws, and the Federal Trade Commission has affirmed its commitment to enforce against …›
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs. In 2017, …›
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the …›
Cyber incidents top the list of issues keeping in-house counsel up at night. And as we continue to see the number of incidents climb, we continue to see class actions filed in their wake. So what are the highlights from 2021 and what can …›
On November 15, 2021, the Department of Health and Human Services (HHS) announced it would reverse a policy issued in August 2020 prohibiting the Food and Drug Administration (FDA) from requiring a premarket review of laboratory developed tests (“LDTs”), including requiring Emergency Use Authorizations …›
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. Click here to learn more about the key takeaways from CDK Global …›
A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements.[1] But the Ninth Circuit found that the penalties for violation of this provision are preempted by the …›