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.

March 20, 2018 - TCPA, Class Action
An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope
By: Tiffany Cheung and Julie O'Neill
Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission , No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the scope of activity that may be subject to the Telephone
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March 16, 2018 - Appellate & Supreme Court, Drug & Medical Device, Product Liability
Will High Court Provide Clarity On ‘Clear Evidence’?
By: Erin M. Bosman and Julie Y. Park
The U.S. Supreme Court may soon revisit one of its seminal decisions defining products liability law for pharmaceutical manufacturers. That decision — Wyeth v. Levine — addressed whether a branded manufacturer could be held liable for state-law failure-to-warn claims even though federal law regulates
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March 13, 2018 - Environmental Law, Product Liability, Consumer Products
WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings
Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is present in a wide variety of foods and flavorings and forms as a
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March 05, 2018 - Environmental Law, Product Liability, Consumer Products
Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods
By: William F. Tarantino
Last Monday, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide Roundup. Trace residues of glyphosate in food products had already become a potential target of Proposition 65 bounty
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March 05, 2018 - Autonomous Vehicles & Robotics, Product Liability, Consumer Products
Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers
By: Tessa Schwartz
With regulatory frameworks around autonomous vehicles (AVs) under development at the federal, state, and local levels, new autonomous technology frontiers are emerging for rulemakers. The latest is personal delivery devices (PDDs) – essentially small autonomous vehicles designed primarily for last-mile logistics using sidewalks and
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March 01, 2018 - Autonomous Vehicles & Robotics, Product Liability, Consumer Products
California Opens the Road to Fully Driverless Cars; Federal Policymaking Slowly Rolls Forward
By: Tessa Schwartz
On February 26, 2018, the California Department of Motor Vehicles (DMV) announced new regulations allowing fully driverless cars to be tested on California roads as of April 2, 2018. The announcement culminates a multi-year process undertaken by DMV. The new regulations mark a significant
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February 23, 2018 - False Advertising, Appellate & Supreme Court, Food Misbranding
Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case
On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule 23(b)(2) injunctive relief class based on changes to Gerber’s
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February 22, 2018 - Environmental Law, Product Liability, Consumer Products
California Proposes Next Group of Priority Products Under Its Green Chemistry Initiative
By: William F. Tarantino
California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product. On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion draft document entitled "Product – Chemical Profile for Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in Carpets
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February 13, 2018 - Environmental Law, Product Liability, Consumer Products
California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan
By: William F. Tarantino
On February 8, 2018, the California Department of Toxic Substances Control (DTSC) released a Draft Three-Year Priority Product Work Plan (2018-2020) (new Work Plan) under its Safer Consumer Products (SCP) Program. The SCP Program is an innovative regulatory scheme to evaluate and require safer
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February 06, 2018 - False Advertising
Amended California Law Expands Requirements for Consumer Subscriptions
By: Julie O'Neill
Subscription and other automatic renewal offers are heavily regulated at both the federal and state levels. A recent amendment to California’s law provides a good opportunity for businesses to review their practices.[1] As of July 1, 2018, the obligations under California law will expand
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Welcome to Class Dismissed

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

By: Tiffany Cheung and Julie O'Neill

Will High Court Provide Clarity On ‘Clear Evidence’?

By: Erin M. Bosman and Julie Y. Park

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

By: William F. Tarantino

Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers

By: Tessa Schwartz

California Opens the Road to Fully Driverless Cars; Federal Policymaking Slowly Rolls Forward

By: Tessa Schwartz

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

California Proposes Next Group of Priority Products Under Its Green Chemistry Initiative

By: William F. Tarantino

California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan

By: William F. Tarantino

Amended California Law Expands Requirements for Consumer Subscriptions

By: Julie O'Neill