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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.

April 26, 2024 - Consumer Products, Environmental Law
Now is the Time for PFAS Manufacturers and Importers to Prepare for TSCA's Retrospective Reporting Requirements
By: Krista S. deBoer and Michael A. Fine
Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011 , by either May 5, 2025, or November 10, 2025. The EPA recently finalized a rule requiring certain reporting and recordkeeping for
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March 22, 2024 - Consumer Products, CPSC, Product Liability
CPSC at ICPHSO: Reese’s Law and Mandatory eFiling Requirement
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
In this final installment of our series (see part 1 , part 2 , and part 3 ) discussing CPSC’s presence at the 2024 International Consumer Product Health and Safety Organization’s annual symposium, we present two smaller, but important, CPSC updates: Implementation of Reese’s
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March 21, 2024 - Consumer Products, CPSC, Product Liability
CPSC at ICPHSO: E-Commerce Platforms and Product Safety Responsibilities
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
This third installment of our series (see part 1 and part 2 ) highlights regulators and other stakeholders’ growing focus on e-commerce platforms’ role in protecting consumers from unsafe products, as the percentage of online consumer product sales continues to increase. In addition to
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March 20, 2024 - Consumer Products, CPSC, Product Liability
CPSC at ICPHSO: Office of Compliance Activity
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
This second installment of our series highlights CPSC’s Office of Compliance Activity and continued aggressive enforcement efforts. Multiple presenters emphasized CPSC’s continued aggressive enforcement. Commenters frequently repeated the statistic that CPSC obtained over $52 million in civil penalties in its fiscal year 2023. Further,
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March 19, 2024 - Consumer Products, CPSC, Product Liability
CPSC at ICPHSO: 2024 Enforcement Priorities
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
The Consumer Product Safety Commission (CPSC) was well represented at the International Consumer Product Health and Safety Organization’s annual symposium in Orlando, which took place in February. Agency representatives provided a number of insights to consumer product safety stakeholders. This week, we will be
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March 14, 2024 - CPSC
Senate Confirms Doug Dziak as Fifth CPSC Commissioner
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
On March 7, 2024, the U.S. Senate confirmed Doug Dziak as a Commissioner of the Consumer Product Safety Commission (CPSC), filling the final Commissioner seat that has remained vacant since Commissioner Dana Baiocco’s resignation on October 5, 2022. Even with this confirmation of Commissioner
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February 27, 2024 - Environmental Law
Plaintiff Survives Motion to Dismiss in evian Water Bottle “Carbon Neutral” Suit
By: Krista S. deBoer, William F. Tarantino and Cedar Hobbs
Dorris v. Danone Waters of America is one of a growing number of lawsuits filed against companies for making claims regarding their carbon footprint. While similar cases have been winding through the courts, Dorris is the first case in which a federal judge has
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February 21, 2024 - Consumer Products, False Advertising
Testing Plaintiff’s Test Results: What Specificity Is Required at the Pleading Stage in False Advertising Cases?
By: Claudia M. Vetesi, Lena Gankin and Mamie Tabet
A recent case in the Northern District of California addresses the use of testing in a false advertising case at the pleading stage, and how specific plaintiffs must be when discussing test results in a complaint. In Mack v. Edgewell Personal Care Company ,
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February 14, 2024 - Consumer Products, CPSC
Proposed Bill Seeks to Remove Cap on Civil Penalties Issued by CPSC
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
On January 25, 2024, Representative Jan Schakowsky (D-IL) introduced the Consumer Advocacy and Protection (CAP) Act, which would amend the Consumer Product Safety Act (CPSA) to increase the maximum civil penalty for a single violation of the CPSA from $100,000 to $250,000 and remove
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January 03, 2024 - Class Action, Appellate & Supreme Court, Consumer Products
5 Most Notable Class Action Standing Cases Of 2023
By: Erin M. Bosman, Penelope A. Preovolos and Brittany Scheinok
Erin Bosman, Penelope Preovolos and Brittany Scheinok published an article in Law360 highlighting key class action decisions from 2023 that continued the trend of a more demanding approach to the threshold issue of standing following the U.S. Supreme Court's 2021 decision in TransUnion LLC
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