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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.

May 11, 2016 - Consumer Products, CPSC
Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?
By: Erin M. Bosman and Julie Y. Park
It is no secret that the U.S. Consumer Product Safety Commission (CPSC) is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act (CPSA), especially the provisions about a company’s failure to timely report substantial product hazards. An ongoing case
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May 04, 2016 - Drug & Medical Device, Product Liability, MDL
Defendants Secure Rare Summary Judgment in Zoloft MDL
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In an unusual turn of events, U.S. District Judge Cynthia Rufe recently granted defendants’ motion for summary judgment as to over 300 cases in the Zoloft MDL. [1] These cases were consolidated in 2012 and involved allegations that the antidepressant drug Zoloft causes birth
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April 28, 2016 - False Advertising, Class Certification, Class Action, Retail
Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action
A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell, et al. v. Kohl’s Department Stores, Inc. , 5:15-cv-01143 (C.D.
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April 27, 2016 - Class Certification, Product Liability, Consumer Products, Class Action
What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case
On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone to staining clothes and leaving them with a moldy smell,
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April 26, 2016 - Product Liability, Aviation & Drones
Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims
In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct does not categorically preempt such claims. Sikkelee v. Precision Airmotive
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April 26, 2016 - FDA, Food Misbranding, Consumer Products, Class Action
Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals
We’ve recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA’s consideration of food labeling issues, such as those involving evaporated cane juice (ECJ), the term “natural” or the presence of partially
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April 21, 2016 - Privacy
Seventh Circuit’s Latest Word on Standing Requirements for Data Breach Claims
By: Tiffany Cheung
On April 14, 2016, the Seventh Circuit again weighed in on Article III standing requirements in a putative class action involving an alleged data breach. In Lewert v. P.F. Chang’s China Bistro, Inc. , Case No. 14-3700 (7th Cir.), the two named plaintiffs each
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April 20, 2016 - FTC
Seeing Double . . . or More: FTC Sends over 50 Warning Letters to Contact Lens Prescribers and Sellers
By: Claudia M. Vetesi
The FTC recently sent over 50 warning letters to contact lens prescribers and sellers warning them that they may be in violation of the Fairness to Contact Lens Consumer Act, 15 U.S.C. § 7601 et seq ., and the Contact Lens Rule, 16 C.F.R. Part
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April 19, 2016 - False Advertising, NAD, Consumer Products
Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC
By: Claudia M. Vetesi
The NAD [1] recently referred certain green marketing claims made by LEI Electronics Inc. (LEI) regarding its Eco Alkalines batteries to the FTC after the company stated it would not comply with the NAD’s decision and recommendation. LEI Elecs., Inc. (Eco Alkalines Batteries )
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April 12, 2016 - Consumer Products, CPSC
Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC
By: Erin M. Bosman and Julie Y. Park
The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These orders also demonstrate that CPSC will not hesitate to
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Welcome to Class Dismissed

Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?

By: Erin M. Bosman and Julie Y. Park

Defendants Secure Rare Summary Judgment in Zoloft MDL

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

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

Seventh Circuit’s Latest Word on Standing Requirements for Data Breach Claims

By: Tiffany Cheung

Seeing Double . . . or More: FTC Sends over 50 Warning Letters to Contact Lens Prescribers and Sellers

By: Claudia M. Vetesi

Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC

By: Claudia M. Vetesi

Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC

By: Erin M. Bosman and Julie Y. Park