Welcome to Class Dismissed

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.

August 22, 2018 - Consumer Products
Product Marking and Labelling in Europe
By: Alistair Maughan
Since the European Union’s main aims include consumer protection and ensuring product safety, you might be forgiven for thinking that the EU’s rules in those areas would be clear and straightforward. But you would be wrong. Manufacturers and distributors in Europe don’t have the
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August 01, 2018 - False Advertising, Class Certification, Class Action
Update: Ninth Circuit to Review Hyundai Pro-Defense Decision
On July 27, 2018, the Ninth Circuit issued an order granting en banc review of its decision in Hyundai and Kia Fuel Econ. Litig. , No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23, 2018). The Ninth Circuit also set oral argument for the
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July 26, 2018 - Class Action
Website User Held to Arbitration Provision Despite Renewing Subscription in Wife’s Name
On July 19, 2018, United States Magistrate Judge Mark Lane issued a Report and Recommendation recommending that United States District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a putative class action on the grounds
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July 25, 2018 - Product Liability, Consumer Products, CPSC
CPSC Gives Kids’ Meals A Boost—New Mandatory Standard For Booster Seats
By: Erin M. Bosman and Julie Y. Park
Safety standards for booster seats will no longer be a polite suggestion. On June 26, 2018, the U.S. Consumer Product Safety Commission (CPSC) voted 4-0 to approve a new mandatory safety standard for children’s booster seats. 83 Fed. Reg. 30837. The new rule applies
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July 13, 2018 - Consumer Products, Class Action
Collective Actions in Europe: Another Small Step in Germany
By: Jakob Schellmann
German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust emissions scandal. This new law won’t
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June 28, 2018 - Environmental Law, Product Liability, Consumer Products
Recent California Proposition 65 Developments Go Business’s Way for a Change
Introduction It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcome news to businesses. While they do not cure Proposition 65’s ills, a dizzying flurry of recent developments that we report on below may prove an exception. California
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June 19, 2018 - Privacy, FTC
Don’t Forget to Hit “Delete”: FTC Blog Post Clarifies COPPA Information Deletion Requirement
By: Julie O'Neill
Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting personal information online from children under 13. Yet COPPA also includes an information deletion requirement of which companies may be unaware. On May
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June 13, 2018 - Privacy, Drug & Medical Device
A New Era in FTC Data Security Oversight?
By: Julie O'Neill
The U.S. Court of Appeals for the Eleventh Circuit has issued a ruling that may drastically change the nature of the relief that the Federal Trade Commission (“FTC”) seeks to impose on companies it alleges to have had inadequate data security measures in place.
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June 07, 2018 - Consumer Products, CPSC
New Nomination Could Mean Partisan Tiebreaker for CPSC
By: Erin M. Bosman and Julie Y. Park
On June 4th, President Trump nominated Peter Feldman to fill the fifth seat on the U.S. Consumer Product Safety Commission (CPSC) and serve out the remainder of prior Commissioner Joe Mohorovic’s vacated seven-year term ending in October 2019. If confirmed, Mr. Feldman’s nomination may
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May 25, 2018 - Consumer Products, CPSC
Baiocco Confirmed as CPSC Commissioner
By: Erin M. Bosman and Julie Y. Park
After months of anticipation, the U.S. Senate finally confirmed Dana Baiocco as a Commissioner of the U.S. Consumer Product Safety Commission (CPSC) on May 22, 2018. President Trump first nominated Commissioner Baiocco on September 21, 2017. As a former Jones Day partner in the
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