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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.

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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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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