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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.

July 16, 2021 - False Advertising, FDA, Food Misbranding, Consumer Products
Manuka Honey and Waterslides
By: James R. Sigel
This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s pandemic-related shutdown of a waterpark. MOORE v. TRADER
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July 09, 2021 - ADA, Coronavirus (COVID-19), Consumer Products, Class Action, Retail
A Return to Normalcy? Check Your Local Rules – An Update on Mask Litigation and Guidelines
By: Lloyd Aubry and Michael G. Ahern
Nine months ago, we discussed several issues that had been raised by COVID-19 face mask-related litigation.[1] Soon after, COVID-19 infection rates spiked to unprecedented levels. But with the emergency use authorization of three COVID-19 vaccines in the United States, the state of the pandemic has
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July 09, 2021 - Environmental Law, Announcements & Press, Drug & Medical Device, Product Liability, MDL, Trials, Consumer Products, Pharmaceutical & Medical Devices, Class Action, Retail, Mass Torts
Morrison & Foerster Is Recognized As Tier 1 Firm in Product Liability, Mass Torts, and Class Action for Consumer Products
Legal 500 US 2021 has named Erin Bosman, David Fioccola, Jessica Grant, Julie Park, James Schurz, William Tarantino, and Claudia Vetesi among their top product liability and class action practitioners nationwide. The publication also recognized Morrison & Foerster as a top Tier 1 Firm
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July 06, 2021 - Privacy, TCPA
TCPA-Like Florida Law Takes Effect
By: Julie O'Neill and Tiffany Cheung
Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private
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June 23, 2021 - Privacy, Class Action, Retail
Open for Business: Are You Prepared for New York City’s Biometric Identifier Information Law?
By: Marian A. Waldmann Agarwal
Starting next month, businesses in New York City that collect biometric identifier information may be required to provide individuals with notice and be prohibited from selling or profiting from such information. New York City’s biometric privacy law (2021 NYC Local Law No. 3, NYC
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May 28, 2021 - Appellate & Supreme Court, Arbitration
One Estopp Shop: The Ninth Circuit Weighs in on the Use of Equitable Estoppel to Compel Arbitration in Two Recent Decisions
By: Adam J. Hunt
When can you compel arbitration of a putative class action? The law is developing quickly [1] and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the parties don’t have an arbitration agreement
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May 18, 2021 - Coronavirus (COVID-19), FDA
New Face Mask Performance Standard Has Consumers Covered
ASTM International recently approved a new performance standard that will tell consumers just how much protection their cloth face masks offer. Some face coverings like N-95 respirators and surgical masks must meet certain filtration requirements enforced by government agencies like the U.S. Occupational Safety
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May 14, 2021 - Privacy, Appellate & Supreme Court, FTC
FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?
By: Julie O'Neill
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing
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May 13, 2021 - Appellate & Supreme Court, Antitrust, Class Action, Mass Torts
FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?
By: Alexander Okuliar, David J. Shaw and Joseph Charles Folio III
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. [1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s
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May 03, 2021 - Announcements & Press, Product Liability, Trials
Erin Bosman and Arturo Gonzalez Named to Law360's 2021 Editorial Advisory Board
By: Erin M. Bosman and Arturo J. González
Erin Bosman and Arturo Gonzalez have been named to Law360 's 2021 Editorial Advisory Board. These boards provide feedback on Law360 's coverage and expert insight on how best to shape future coverage. Erin, co-chair of MoFo’s Class Actions + Mass Torts practice and
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