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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.


Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer

The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption.  In its much-anticipated opinion delivered by Justice Breyer, the Court unanimously reversed the Third Circuit’s holding that questions of pharmaceutical preemption should be decided by juries.  Merck Sharp & …›

May 6, 2019 - FTC, Internet of Things

Bad Influence: Complying with FTC’s Endorsement Guide

Today’s online celebrities—both verified and aspiring—can now become product sponsors with the help of a social-media account, a picture-perfect aesthetic, and several hundred thousand followers. The influencer marketing industry is a multibillion-dollar industry according to some industry reports stating it is projected to generate …›

April 9, 2019 - CPSC, Consumer Products

Ready, Set, Report! Seventh Circuit Considers When a Claim First Accrues for Failing to Report a Product Hazard

Consumer products companies are familiar with the reporting requirement under Section 15(b) of the Consumer Product Safety Act (the Act), but when does that obligation kick in for statute of limitations purposes?  The Seventh Circuit considered this question when it heard arguments on when …›

April 2, 2019 - FTC, Privacy

FTC Releases 2018 Privacy and Data Security Update Report

With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its hands full. The FTC’s recently released 2018 “Privacy and Data Security Update” reflects this flurry of activity. The report provides …›