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.

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 FDA Distributes New Draft Guidance on “General Wellness Products”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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June 25, 2014 - FDA, Drug & Medical Device
Drugs and the Internet: FDA Distributes New Draft Guidance Regarding Social Media Platforms and Prescription Drugs
By: Erin M. Bosman
Last week the Food and Drug Administration (FDA) promulgated two much-anticipated draft guidance documents on using social media to present information about prescription drugs and medical devices. The draft guidance documents, which were originally promised by the FDA in 2010, represent the FDA’s latest
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June 23, 2014 - Environmental Law, Product Liability
Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a Permit “Anyway”
Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act to require stationary sources to obtain a
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June 11, 2014 - Environmental Law, Product Liability, Government Actions
The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA
By: William F. Tarantino
On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. [1] that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes of limitations for certain tort actions involving environmental
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May 30, 2014 - False Advertising, Consumer Products
Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification
A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern District of California denied a motion for class
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Welcome to Class Dismissed

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

Drugs and the Internet: FDA Distributes New Draft Guidance Regarding Social Media Platforms and Prescription Drugs

By: Erin M. Bosman

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a Permit “Anyway”

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

By: William F. Tarantino

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification