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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.

March 21, 2017 - Product Liability, Consumer Products, Retail, CPSC
CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets
By: Erin M. Bosman and Julie Y. Park
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). [1] On March 1, 2017, CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the
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March 10, 2017 - Product Liability, Consumer Products, Class Action
House Passes Bill Proposing Sweeping Changes to Class Action Litigation
By: Claudia M. Vetesi
The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action litigation untouched. For example, the provisions require
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March 07, 2017 - Product Liability, Consumer Products, Retail, CPSC
A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?
By: Erin M. Bosman and Julie Y. Park
Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the trend of increased CPSC enforcement, and its pledge to issue increased
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February 17, 2017 - Drug & Medical Device, Product Liability
Expanding Duties and Eroding Protections for Medical Device Manufacturers
By: Erin M. Bosman and Julie Y. Park
Earlier this month, the Washington Supreme Court saddled medical device manufacturers with a new duty to warn under Washington law—the duty to warn hospitals about potential risks their products may pose—and eroded exemptions from strict liability afforded to manufacturers of certain “unavoidably unsafe” products.
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February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North
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February 06, 2017 - Drug & Medical Device, Product Liability
Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal
By: Julie Y. Park and Brittany Scheinok
Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc. , winning dismissal of the case in its entirety. [1] The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to dismiss after Defendant Ferring Pharmaceuticals removed the suit to federal
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December 09, 2016 - Environmental Law, Product Liability, Consumer Products, Retail
California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?
A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and other greenhouse gas–producing chemicals. CARB enforces these regulations with
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December 09, 2016 - Product Liability, Consumer Products, Retail, CPSC
Rare Court Decision in CPSC-Backed Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)‑backed lawsuit. United States v. Spectrum Brands, Inc. , No. 15-CV-371-WMC, 2016 WL 6835371, at *24
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December 05, 2016 - Environmental Law, Class Action
The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties
On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal laws. Alika Atay et al. v. County of Maui et. al. In
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November 23, 2016 - False Advertising, FTC
Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit
On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission. District Court Judge Steven Mayberry of the Middle District
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