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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.

February 26, 2020 - False Advertising, Food Misbranding, MDL, Consumer Products
Is the Coke Half Full or Half Empty?
By: Claudia M. Vetesi
Earlier this month, a California federal judge certified six classes asserting state consumer protection statute claims in a multidistrict litigation alleging that The Coca-Cola Co. misled consumers about artificial flavors and added preservatives in its Coke products. See In re: Coca‑Cola Products Marketing and
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January 30, 2020 - Appellate & Supreme Court, TCPA
Supreme Court Grants Certiorari to Review Fourth Circuit's TCPA Decision
By: Tiffany Cheung
On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants, Inc. v. FCC , 923 F.3d 159 (4th Cir. 2019). Because this federal
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January 22, 2020 - Appellate & Supreme Court, Product Liability
Start Your Engines: The U.S. Supreme Court Will Yet Again Review the Constitutional Limits of Personal Jurisdiction in a Pair of Cases Involving Ford Motor Company
By: Brian R. Matsui
Lower courts’ inability or refusal to confine cases to their proper fora compels the Supreme Court to spend precious docket space restating the rules governing personal jurisdiction. The Due Process Clauses of the Fifth and Fourteenth Amendments limit courts’ authority to exercise personal jurisdiction
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January 16, 2020 - FDA
2020 Under Dr. Stephen Hahn, FDA’s New Commissioner
By: Julie Y. Park
Last month, Dr. Stephen Hahn was officially sworn in as the new commissioner of the U.S. Food and Drug Administration (FDA). The Senate confirmed him by a 73-17 vote. Hahn became the fourth leader of FDA in 2019 and the first confirmed nominee since
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December 05, 2019 - Privacy
California Attorney General Holds Public Hearing in Los Angeles on Draft CCPA Regulations
The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on December 3, 2019. The Los Angeles hearing featured comments from approximately 24 speakers over a two-hour period. The following provides
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November 25, 2019 - Environmental Law, Consumer Products
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
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September 18, 2019 - Consumer Products
Outnumbered But in Charge: Democrat Commissioner Robert Adler Elected to Vice-Chair of CPSC
By: Erin M. Bosman and Julie Y. Park
The U.S. Consumer Product Safety Commission (CPSC) recently elected Commissioner Robert Adler to serve as vice-chair of the CPSC. Commissioner Adler, a Democrat who has served on the CPSC since 2009, is a surprising choice for the No. 2 spot, elected to the position
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July 03, 2019 - FDA, Drug & Medical Device, Product Liability, Pharmaceutical & Medical Devices
Committed to Clarity: FDA’s Dedication to Transparency with the End of ASR
By: Erin M. Bosman and Julie Y. Park
On June 21, the Food and Drug Administration (FDA) released a report titled “Statement on agency’s efforts to increase transparency in medical device reporting.” This report describes updates to FDA’s Medical Device Reporting (MDR) Program, namely the conclusion of the Alternative Summary Reporting (ASR) Program.
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June 20, 2019 - Internet of Things, Product Liability, Consumer Products, CPSC
Change Is in the Air: Buerkle Withdraws Her Nomination to Chair the CPSC
By: Erin M. Bosman and Julie Y. Park
This week, Acting Chairman Ann Marie Buerkle withdrew her nomination to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC). She will wrap up her tenure as Acting Chairman, a position she has held since February 2017, on September 30, and will
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June 14, 2019 - TCPA
Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA
By: Tiffany Cheung
In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers , 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision, concluded that the ordinance was invalid because it was
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