Topic Archives: Consumer Products

November 25, 2019Consumer Products, Environmental Law

CARB Issues New Draft VOC Limits for Consumer Products

On November 7, 2019, the California Air Resources Board (CARB) held a second public workshop to review its draft proposed amendments (Draft Proposal) to its Consumer Products regulations. Since its first public workshop in April, where it identified 49 priority categories, CARB has convened two public work groups related to these regulatory amendments: a Regulatory ...›

Data Breach
September 5, 2019Class Action, Consumer Products, Privacy

Will California’s Attempt to Invalidate Arbitration Agreements and Class Action Waivers for CCPA Claims Prove Successful?

The day the California Consumer Privacy Act of 2018 (CCPA) will become operative (January 1, 2020) is fast approaching. We have written extensively about the CCPA since it passed, and our past client alerts and a variety of CCPA-related materials can be found in our CCPA Resource Center. Here, we focus on the CCPA’s private ...›

Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard For Settlement Classes

On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1]  Hyundai II preserves the ability to certify nationwide settlement classes while maintaining more demanding requirements for litigation classes.  As noted in our earlier ...›

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 ...›