The FAA (Re)Acts: Drone Registration, a Federal Task Force, and Hefty Fines
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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.
- On October 19, 2015, U.S. Transportation Secretary Anthony Foxx and Federal Aviation Administration ( FAA ) Administrator Michael Huerta announced a plan to require unmanned aircraft vehicle ( UAV or “ drone ”) users to register their UAVs with the FAA. While commercial users... ›
Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain
Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer to its goal of deploying a fleet of drones to deliver... ›Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products
By: William F. Tarantino
California’s Green Chemistry Initiative has taken another step forward with the issuance of guidance on the heart of the law, the analysis of safer substitutes for chemicals in consumer products. On September 24, 2015, the California Department of Toxic Substances Control (DTSC) released its... ›Pay Attention to the Man Behind the Curtain: DOJ Memorandum Adds Further Weight to CPSC Enforcement Efforts Against Corporate Officers
By: Erin M. Bosman and Julie Y. Park
The United States Department of Justice (DOJ) recently issued a memorandum to various enforcement agencies. The memorandum, available here , focuses on holding individuals accountable for corporate fraud and misconduct. [1] The DOJ has already shown it means business. Just days after the memorandum... ›“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases
By: Claudia M. Vetesi
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs present a damages model tied to their theory of... ›A Handmade Dismissal for Maker’s Mark
A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et al. v. Maker’s Mark Distillery Inc. , Case No. 3:14-cv-02885, U.S. District... ›CPSC Will Launch Electronic Filing System Pilot Program for Imported Products
By: Erin M. Bosman and Julie Y. Park
Last week, the Consumer Product Safety Commission (CPSC) approved a pilot program to test an electronic filing system that will require importers to submit data electronically for imported consumer products. The filing system will aid CPSC and other regulators in their surveillance of imported... ›Rescue Remedy Decision Confirms that CLRA Notice Requirement Has Real Teeth
A recent decision from the Southern District of California demonstrates the potential narrowing effect of a failure to strictly comply with the notice requirement for claims for damages under California’s Consumers Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq. In Ruszecki... ›Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation
By: Penelope A. Preovolos
The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising. The Ninth Circuit said that the trial court thus erred in ruling that the... ›Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability
By: Penelope A. Preovolos
A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam Global Spirits & Wine, Inc. , No. 11-5149 (D.N.J. June... ›