Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases
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- On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “ Bigelow ”), finding that injunctive standing is limited and requires a current intent to purchase challenged products in... ›
Nomination of a New Chairman at the CPSC
By: Erin M. Bosman and Julie Y. Park
With the start of the new year, President Trump again nominated Republican Ann Marie Buerkle to chair the U.S. Consumer Product Safety Commission (CPSC). Her expected confirmation will continue to push the CPSC in a more corporate-friendly direction that focuses on consensus building rather... ›- - TCPA, Class Action
TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action
By: Tiffany Cheung
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the communication practices of their upstream vendors. In Kristensen v. Credit... › 3D Printing Meets Medical Devices: FDA Weighs In On Additive Manufacturing
By: Erin M. Bosman and Julie Y. Park
In December, the U.S. Food and Drug Administration (FDA) issued guidance on Technical Considerations for Additive Manufactured Medical Devices. The guidance represents FDA’s efforts to provide regulatory direction about additive manufacturing (AM)—the broad field of 3D printing—of medical devices. Specifically, AM makes objects by... ›Connected Devices Bring New Product Liability Challenges
By: Erin M. Bosman and Julie Y. Park
“My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact of consumer advocacy groups insisted the U.S. Consumer Product Safety... ›California Class Actions: 2018 Update
In our California Class Actions 2018 Update, we have outlined several key cases and trends that define the current class actions landscape. From “litigation tourism” to new definitions for unfair and fraudulent, we provide a rundown on the most-watched and influential recent cases. Please... ›Makeup Shake Up: Potential New Federal Cosmetics Regulations
By: Erin M. Bosman and Julie Y. Park
“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created as a function of current cosmetics regulations—has been responsible... ›Old Republic – Personal Jurisdiction Trending Defendant Friendly
In a recent decision regarding the scope of personal jurisdiction, the Tenth Circuit Court of Appeals extended the recent trend of limiting the reach of personal jurisdiction over out-of-state defendants. Old Republic Insurance Co. v. Continental Motors , Case No. 16-1408, (10th Cir. Dec.... ›California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false advertising laws. In so doing, the court upheld the lower court’s conclusions... ›Is Your Company Ready For Artificial Intelligence?
By: Erin M. Bosman and Julie Y. Park
“The rise of powerful AI will be either the best or the worst thing ever to happen to humanity. We do not know which.” –Stephen Hawking Artificial Intelligence (AI) and autonomous technology will shape the future, affect how people live and do business, and... ›