Mixed Results on Class Certification for “Cereal” Plaintiff

In Hadley v. Kellogg Sales Company, Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products.  On August 17, 2018, Judge Koh issued an order that carefully dissected Plaintiff’s request.  The court concluded ...›

August 22, 2018Consumer Products

Product Marking and Labelling in Europe

Since the European Union’s main aims include consumer protection and ensuring product safety, you might be forgiven for thinking that the EU’s rules in those areas would be clear and straightforward. But you would be wrong. Manufacturers and distributors in Europe don’t have the luxury of a single harmonised set of product safety, marking, and ...›

Recent California Proposition 65 Developments Go Business’s Way for a Change

Introduction It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcome news to businesses. While they do not cure Proposition 65’s ills, a dizzying flurry of recent developments that we report on below may prove an exception. California Proposes Prop 65 Regulation Stating That Chemicals in Coffee Pose No Significant ...›

June 19, 2018FTC, Privacy

Don’t Forget to Hit “Delete”

FTC Blog Post Clarifies COPPA Information Deletion Requirement

Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting personal information online from children under 13.  Yet COPPA also includes an information deletion requirement of which companies may be unaware.  On May 31, 2018, the Federal Trade Commission (FTC) published a blog post ...›

June 13, 2018Drug & Medical Device, Privacy

A New Era in FTC Data Security Oversight?

The U.S. Court of Appeals for the Eleventh Circuit has issued a ruling that may drastically change the nature of the relief that the Federal Trade Commission (“FTC”) seeks to impose on companies it alleges to have had inadequate data security measures in place. Specifically, on June 6, 2018, the Court issued a long-awaited decision ...›

June 7, 2018Consumer Products, CPSC

New Nomination Could Mean Partisan Tiebreaker for CPSC

On June 4th, President Trump nominated Peter Feldman to fill the fifth seat on the U.S. Consumer Product Safety Commission (CPSC) and serve out the remainder of prior Commissioner Joe Mohorovic’s vacated seven-year term ending in October 2019. If confirmed, Mr. Feldman’s nomination may be the lynchpin for a new era of CPSC regulatory strategy. ...›