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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.

October 11, 2017 - Environmental Law, Product Liability, Consumer Products
Consumer Product Update – California’s Green Chemistry Initiative Looks for New Products to Regulate
Nail polish, household cleaners, carpets, upholstery, lead acid batteries and other products may be targeted for regulation under California’s Safer Consumer Products Program. The Program, also known as the California Green Chemistry Initiative, is an innovative regulatory scheme to evaluate and seek safer substitutes
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October 05, 2017 - CPSC
Buerkle Poised to Take Her Seat
By: Erin M. Bosman and Julie Y. Park
On October 4, the U.S. Senate Committee on Commerce, Science, and Transportation approved Ann Marie Buerkle’s (R-NY) nomination to the position of Chair of the Consumer Product Safety Commission (CPSC) after a two-day hearing. Acting Chairman Buerkle’s nomination to another seven-year term as a
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October 04, 2017 - Aviation & Drones
Air Supremacy: Court Finds that Federal Aviation Regulations Preempt City Drone Regulation
On September 21, 2017, the District of Massachusetts ruled that Federal Aviation Regulations (FARs) preempt many of the restrictions that the City of Newton, Massachusetts, imposed on drones within its airspace. Although the decision is not binding on other jurisdictions, the ruling is a
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October 02, 2017 - Product Liability, Consumer Products, CPSC
CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for Rulemaking to Ban an Entire Class of Flame-Retardants
By: Erin M. Bosman and Julie Y. Park
In a split across party lines, the U.S. Consumer Product Safety Commission (CPSC or the “Commission”) recently voted on a largely unprecedented course of action: to ban an entire class of chemicals from popular consumer products. Specifically, CPSC adopted a petition for rulemaking that
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September 29, 2017 - False Advertising, Product Liability, Consumer Products, Retail
Ninth Circuit Nixes San Francisco Soda Warning
Advertisers and purveyors of sugar-sweetened beverages can rest a little easier now. The Ninth Circuit recently ordered a district court to issue a preliminary injunction to enjoin the 2015 San Francisco Ordinance requiring inclusion of a warning on all advertisements for sugar-sweetened beverages. [1]
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September 27, 2017 - False Advertising, Food Misbranding
The Ninth Circuit’s Food Court Menu: A Status Update
By: Claudia M. Vetesi
A few years back, the Northern District of California was dubbed the “food court” based on the influx of food misbranding class actions claiming that alleged FDA regulatory infractions constituted violations of California consumer deception statutes. The first cases in the misbranding pack were
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September 22, 2017 - CPSC
Trump to Nominate New Commissioner to CPSC
By: Erin M. Bosman and Julie Y. Park
President Trump announced yesterday his intent to nominate Jones Day partner Dana Baiocco to the position of Commissioner of the Consumer Product Safety Commission (CPSC) for a 7-year term starting next month. She will replace Obama-appointed Commissioner Marietta Robinson. As we had predicted ,
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September 21, 2017 - Privacy, Aviation & Drones, Consumer Products, Government Actions
Wheels Are Turning on Federal Self-Driving Policy
One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning. The U.S. House of Representatives earlier this month
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September 06, 2017 - Privacy, Class Action
Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration
On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick , No. 16-2750 (2d Cir. Aug. 17, 2017), the
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August 31, 2017 - Product Liability, Consumer Products, CPSC
CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) eliminated third-party testing for compliance with CPSC’s phthalates prohibitions for seven plastics. The Commission decided that these plastics with specified additives do not contain concentrations above 0.1% of the phthalates prohibited in children’s
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Welcome to Class Dismissed

Consumer Product Update – California’s Green Chemistry Initiative Looks for New Products to Regulate

Buerkle Poised to Take Her Seat

By: Erin M. Bosman and Julie Y. Park

Air Supremacy: Court Finds that Federal Aviation Regulations Preempt City Drone Regulation

CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for Rulemaking to Ban an Entire Class of Flame-Retardants

By: Erin M. Bosman and Julie Y. Park

Ninth Circuit Nixes San Francisco Soda Warning

The Ninth Circuit’s Food Court Menu: A Status Update

By: Claudia M. Vetesi

Trump to Nominate New Commissioner to CPSC

By: Erin M. Bosman and Julie Y. Park

Wheels Are Turning on Federal Self-Driving Policy

Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration

CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok