Topic Archives: Consumer Products

Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin

In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v. Johnson & Johnson, et al., 1:17-cv-03892, S.D.N.Y. 2017. The court’s order focused on issues highly specific to the ...›

April 9, 2019Consumer Products, CPSC

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 a claim first accrues for reporting violations under the Act in ...›

CPSC Acting Chair Buerkle’s Priorities Include IoT and Furniture Safety

At a recent product safety conference, Ann Marie Buerkle, Acting Chair of the U.S. Consumer Product Safety Commission (CPSC), announced CPSC’s priorities for 2019. These include technology—both for consumers and within the agency—as well as window coverings and furniture tipover. Buerkle surprised the audience with a stern warning that any clothing storage not complying with ...›

March 11, 2019Consumer Products, Privacy

California Seeks to Strengthen Tough Privacy Laws

If you thought California’s privacy laws couldn’t get any tougher, think again. The California Legislature has proposed amendments to the California Consumer Privacy Act and additional privacy bills that could expand businesses’ privacy and data security obligations and heighten liability for noncompliance.  These proposals confirm that the dust is far from settled in California with respect ...›

February 6, 2019Consumer Products, False Advertising

California Legislature Cuts Consumer Product Companies Some Slack with New Packaging Law

On January 1 of this year, California’s food and consumer product companies got some welcome relief from the onerous provisions of California’s ‘slack-fill’ law, Cal. Bus. & Prof. Code § 12606.  This law, which has been the basis of an increasing number of consumer class action and civil enforcement actions, has posed numerous compliance challenges ...›

January 22, 2019Consumer Products, Privacy

Second CCPA Public Forum Gathers Additional Public Opinion

On January 14, 2019, the California Attorney General hosted the second of six public forums regarding the California Consumer Privacy Act (CCPA) in San Diego.  Five individuals, including both business representatives and consumer advocates, made comments at the forum. Some of the public comments echoed those made at the San Francisco forum, while others brought new ...›

Gavel

Leave Arbitration to the Arbitrator: No “Wholly Groundless” Exception Where Contract Delegates Arbitrability Determination to the Arbitrator

The United States Supreme Court continued the pro-arbitration trend in its jurisprudence, as well as its strict construction of the Federal Arbitration Act, in its unanimous decision in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, 2019 WL 122164 (U.S. Jan. 8, 2019).  Resolving a division in the Circuits on the issue, ...›