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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.

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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August 08, 2017 - Drug & Medical Device, Product Liability, Consumer Products
Bristol-Myers Squibb: The Aftermath
By: Erin M. Bosman and Julie Y. Park
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017) (“BMS”). Mass tort defendants have wasted little time in moving to dispose of claims from nonresident plaintiffs
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August 01, 2017 - CPSC
Trump Nominates Buerkle as Permanent CPSC Chair
By: Erin M. Bosman and Julie Y. Park
On July 24, 2017, the White House announced President Trump’s intent to nominate Ann Marie Buerkle (R-NY) as the next Chairman of the Consumer Product Safety Commission (CPSC) for a seven year term beginning October 27, 2018. She currently serves as a Commissioner at
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August 01, 2017 - Environmental Law, Product Liability, Consumer Products
Warning: New Proposition 65 Warning Regulations Taking Effect
A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for providing Prop 65 warnings. Companies that have not yet started preparing
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July 27, 2017 - Product Liability, CPSC
Shift In CPSC Leadership Means More Changes To Come
By: Erin M. Bosman and Julie Y. Park
At the midpoint of 2017, we look back on the U.S. Consumer Product Safety Commission’s activity under the new administration, including how recalls and penalties stack up against previous years, new focal points for safety initiatives and enforcement and an interesting development from the
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July 18, 2017 - Class Action
A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67
In Campbell-Ewald Co. v. Gomez , 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s claim or require dismissal of the
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