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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 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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May 22, 2018 - TCPA, Class Action
After ACA International, FCC Seeks Comment on Autodialer Definition
Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA International, et al. v. FCC , 885 F.3d 687 (D.C.
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May 21, 2018 - Privacy, Consumer Products
California May Pass Its Own GDPR
By: Purvi G. Patel
While companies are focusing on compliance with the EU’s General Data Protection Regulation requirements, Californians will be given the option to impose a sweeping, GDPR-like privacy regime that also deserves attention. On May 3, 2018, proponents of the California Consumer Privacy Act announced they
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May 17, 2018 - False Advertising, Appellate & Supreme Court, Consumer Products, Retail
Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case
On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp. , 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth Circuit had held
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May 16, 2018 - False Advertising, Consumer Products
The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case
On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain Celestial Group, Inc. , Case No. 3:17-cv-00704 (N.D.N.Y). In
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May 08, 2018 - Privacy, Internet of Things, Product Liability, Consumer Products, Retail
Digital Toy Product Company Ducks Data Breach Class Action
By: Erin M. Bosman and Julie Y. Park
For the second time, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. The data breach also triggered separate allegations by the Federal Trade Commission (FTC) that VTech violated
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