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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.

December 26, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action, Retail
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
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December 18, 2017 - Internet of Things, Product Liability, Consumer Products
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
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December 11, 2017 - Product Liability, Consumer Products, CPSC
CPSC Issues Final Rule Expanding Phthalate Ban
By: Erin M. Bosman and Julie Y. Park
Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five more. The rule bans the manufacture for sale, offer for sale, distribution in commerce,
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December 04, 2017 - False Advertising, Consumer Products, Retail
Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims
On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp. , 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context. The panel addressed whether a plaintiff allegedly deceived by false advertising
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November 29, 2017 - Environmental Law, Product Liability, Consumer Products, Retail
Expiring Soon: Temporary BPA Warning Regs Under Prop. 65
With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires on December 30, 2017. Read our Law360 article.
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November 01, 2017 - Environmental Law, Consumer Products
Full Disclosure: New Labeling for Cleaning Products
By: William F. Tarantino
On October 15, 2017, California Governor Jerry Brown signed into law Senate Bill 258, known as the Cleaning Product Right to Know Act of 2017. The Act requires manufacturers of most cleaning products sold in California to disclose detailed information regarding their chemical content
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October 24, 2017 - FDA, Drug & Medical Device
Understanding FDA Guidance On Connected Medical Devices
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In the coming years, we expect to see an explosion in the number of interoperable medical devices. These are connected medical devices that have the ability to connect to different technologies and devices, even from other manufacturers. The U.S. Food and Drug Administration also
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October 19, 2017 - Product Liability, Consumer Products, Retail, CPSC
Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). [1] The court’s 23-page opinion is a strong reminder of how devastating the impact can be for
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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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