Welcome to Class Dismissed

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.

June 25, 2015 - False Advertising, Food Misbranding
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
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June 22, 2015 - Product Liability, Consumer Products, CPSC
Recall, Enforce, Repeat! CPSC and DOJ Team Up for Another Enforcement Action
By: Erin M. Bosman and Julie Y. Park
The United States Consumer Product Safety Commission (CPSC) continues to escalate its enforcement efforts. Last week, the United States Department of Justice, on behalf of CPSC, filed suit against Spectrum Brands, Inc. (“Spectrum”). United States v. Spectrum Brands, Inc. , No. 3:15-cv-00371 (W.D. Wisc.).
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May 22, 2015 - Aviation & Drones, FAA
Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations
The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes on Washington. At a drone industry conference earlier this
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April 30, 2015 - Environmental Law, Product Liability, Consumer Products, Government Actions
California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030
On April 29, 2015, California’s Governor Jerry Brown issued an executive order to set a new interim target for reducing the state’s emissions of greenhouse gases (GHGs) to 40 percent below 1990 levels by 2030. In March 2015, we wrote about the current state
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April 30, 2015 - Drug & Medical Device, Product Liability
Alabama Legislature Says No to Innovator Liability
By: Erin M. Bosman and Julie Y. Park
On April 29, 2015, the Alabama Senate passed a bill, SB80, “to provide that a manufacturer is not liable. .. for damages resulting from a product it did not design, manufacture, sell, or lease.” Sponsored by Senator Cam Ward, the bill supersedes the Alabama
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April 22, 2015 - Environmental Law, Product Liability, Consumer Products, Government Actions
California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation
By: William F. Tarantino
California’s Green Chemistry Initiative continues to build momentum. On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its final April 2015 Priority Product Work Plan for 2015–2017 (“Work Plan”). The Work Plan is the first step in identifying the next
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February 18, 2015 - FDA, Drug & Medical Device, Product Liability
FDA Proposed Rule in Flux?
By: Erin M. Bosman and Julie Y. Park
On Tuesday, the U.S. Food and Drug Administration (FDA) announced that it has reopened the comment period for its proposed rule on generic drug labeling. It has also scheduled a day-long public meeting to hear comments and discuss alternatives to the much-criticized rule, which
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February 17, 2015 - Aviation & Drones, FAA
Drones: Much Anticipated Small UAS Notice of Proposed Rulemaking Released by FAA
Over the weekend the FAA issued a much-anticipated Notice of Proposed Rulemaking (NPRM) for small UAS—i.e., drones weighing less than 55 pounds. The oft-delayed NPRM comes three years after Congress—through the FAA Modernization and Reform Act of 2012 (the “2012 Act”)—directed the FAA to
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January 26, 2015 - FDA, Drug & Medical Device, Consumer Products
Regulating a Healthy Lifestyle? FDA Distributes New Draft Guidance on “General Wellness Products”
By: Erin M. Bosman
On January 16, 2015, the Food and Drug Administration (FDA) promulgated a much-anticipated draft guidance [1] concerning the classification and regulation of general wellness products. The draft guidance is the FDA’s latest attempt to provide some regulatory clarity in the wake of the explosion
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June 25, 2014 - False Advertising, Food Misbranding, MDL
Phelps v. Coca-Cola: Orange Juice Misbranding “Copycat” Suit Finds Its Way Into State Court
Copycat lawsuits appear to be increasing in food labeling cases. The Coca-Cola Company (“Coca-Cola”) is the latest company to be targeted with a copycat suit in California. A putative class action, Phelps v. The Coca-Cola Co. , No. BC547592, filed in Los Angeles Superior
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Welcome to Class Dismissed

Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability

By: Penelope A. Preovolos

Recall, Enforce, Repeat! CPSC and DOJ Team Up for Another Enforcement Action

By: Erin M. Bosman and Julie Y. Park

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030

Alabama Legislature Says No to Innovator Liability

By: Erin M. Bosman and Julie Y. Park

California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation

By: William F. Tarantino

FDA Proposed Rule in Flux?

By: Erin M. Bosman and Julie Y. Park

Drones: Much Anticipated Small UAS Notice of Proposed Rulemaking Released by FAA

Regulating a Healthy Lifestyle? FDA Distributes New Draft Guidance on “General Wellness Products”

By: Erin M. Bosman

Phelps v. Coca-Cola: Orange Juice Misbranding “Copycat” Suit Finds Its Way Into State Court