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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.

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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April 27, 2018 - Drug & Medical Device, Product Liability, Consumer Products
Bristol-Myers Squibb: A Dangerous Sword
By: Claudia M. Vetesi
On June 19, 2017, the U.S. Supreme Court issued a decision that has the potential to reshape the way class actions are litigated in courts throughout the country. In Bristol-Myers Squibb Co. v. Superior Court of California,[1] or BMS, the court clarified the scope
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April 25, 2018 - Consumer Products
The 2018 Legal Landscape: Here’s What’s In Store for Consumer Products Companies
Running a successful consumer products company in a rapidly evolving business landscape is no small feat. Consumer trust is central to success, but events like product recalls, contaminations, product defects, privacy violations, and data breaches can undermine that trust. These risks only increase when
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April 25, 2018 - Consumer Products
Legal Risks to Consumer Products Companies
What are the biggest legal risks facing consumer products companies in 2018? What are the 2018 new case activity drivers? What are your legal department’s biggest concerns for 2018? See our infographic below for results from our recent Legal Risks to Consumer Products Companies
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April 24, 2018 - Product Liability, Consumer Products, Retail
Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale
By: Spencer D. Klein, Joseph Sulzbach and Domnick Bozzetti
You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But are you doing everything to ensure that your business is set up
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