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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.

June 05, 2019 - Appellate & Supreme Court, FDA, Product Liability, Pharmaceutical & Medical Devices
Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer
By: Erin M. Bosman and Julie Y. Park
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 &
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June 04, 2019 - Privacy, Consumer Products
CCPA: California Assembly Passes Additional Bills to Amend the CCPA
By: Nathan D. Taylor
Prior to the California Legislature’s May 31, 2019 deadline to pass bills out of their chamber of origin, the California Assembly passed six additional bills that would amend the California Consumer Privacy Act (“CCPA” or “Act”). The California Senate now has until September 13,
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May 23, 2019 - Privacy, Internet of Things
Youth Protection in Germany: Online Age Checks and Daytime Blackouts Ahead?
By: Christoph Nüßing
Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If
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May 17, 2019 - Announcements & Press, Product Liability
The Daily Journal Names Julie Park to its list of 2019 Top Women Lawyers in California
We’re proud to announce that the Daily Journal has named Julie Park to its list of 2019 Top Women Lawyers in California. The annual award series recognizes the successes of women lawyers in the court room and at the negotiating table, as well as
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May 16, 2019 - False Advertising, Class Certification, Food Misbranding, Consumer Products, Class Action
Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin
By: Claudia M. Vetesi
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,
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May 06, 2019 - Internet of Things, FTC
Bad Influence: Complying with FTC’s Endorsement Guide
By: Claudia M. Vetesi
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
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April 26, 2019 - Appellate & Supreme Court, Arbitration
Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration
By: Adam J. Hunt
The Supreme Court’s decision in Lamps Plus, Inc. v. Varela made it clear that an arbitration agreement must explicitly contemplate and provide for class arbitration, building on a line of pro-arbitration rulings from the Supreme Court over the past decade, including American Express Co.
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April 09, 2019 - Consumer Products, CPSC
Ready, Set, Report! Seventh Circuit Considers When a Claim First Accrues for Failing to Report a Product Hazard
By: Erin M. Bosman and Julie Y. Park
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
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April 02, 2019 - Privacy, FTC
FTC Releases 2018 Privacy and Data Security Update Report
By: Julie O'Neill
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
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April 01, 2019 - Product Liability
Erin Bosman and Julie Park Receive “Readers’ Choice” Award
We’re proud to announce that the online platform JD Supra has named Class Dismissed editors and frequent contributors Erin M. Bosman and Julie Y. Park as recipients of the 2019 Readers’ Choice Awards. They were chosen from among the numerous writers who publish on
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