Class Dismissed

October 30, 2024 - Consumer Products, Environmental Law, Retail
New Wave of PFAS Legislation Aimed at Consumer Products
By: Krista S. deBoer, William F. Tarantino and Cedar Hobbs
This month, California chaptered two new bills, AB 2515 and AB 347 , regulating per- and polyfluoroalkyl substances (PFAS) in menstrual products and juvenile products, textile articles, and food packaging, respectively. The California laws are just the latest in a rising tide of PFAS
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October 18, 2024 - Consumer Products, CPSC, Product Liability
CPSC Proposes New Safety Rules for Infant Rockers
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks. Products within the scope of the NPR include infant rockers marketed for infants
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July 23, 2024 - Class Action, Consumer Products, Retail
Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted
By: Claudia M. Vetesi, Lena Gankin and Mamie Tabet
While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law that parallel federal law.
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July 22, 2024 - CPSC, Consumer Products
CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer of Smoke Detector
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide Detectors after reports that the detectors failed to alarm in the presence
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July 16, 2024 - Consumer Products, CPSC
CPSC Launches New Business Product Safety Complaint Portal
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses believe do not comply with mandatory safety standards or are otherwise unsafe for
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July 11, 2024 - Consumer Products, CPSC, Product Liability
New Civil Liberties Alliance Alleges CPSC and Commissioner Trumka Exceeded Authority and Plans to File Suit
By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser
In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating the constitutional and statutory rights of its client, Dreamland Baby
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July 03, 2024 - CPSC, Consumer Products, Product Liability, Retail
Lithium-Ion Battery Safety Heavily Featured at 2024 NFPA Conference
By: Erin M. Bosman, Matt Robinson and Rachel A. Kaiser
Lithium-ion batteries are rechargeable batteries, commonly found in devices used every day, including cell phones, e-cigarettes, and laptops. Lithium-ion batteries are also found in electric vehicles, e-scooters, and other micro-mobility vehicles. The National Fire Protection Association (NFPA), a nonprofit organization that seeks to eliminate
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June 17, 2024 - Class Action, Consumer Products, False Advertising, Food Misbranding
Health Halo Trend Continues With poppi "Gut Healthy" Sodas
By: Claudia M. Vetesi and Lauren N. Margolies
Are Prebiotic Drinks Plaintiffs’ Bar’s Next Target? Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans with label
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April 30, 2024 - Class Action, Consumer Products, FDA
Implied Preemption for Dietary Supplements Is Here to Stay
By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Ashley E. Quinn
On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary
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April 26, 2024 - Consumer Products, Environmental Law
Now is the Time for PFAS Manufacturers and Importers to Prepare for TSCA's Retrospective Reporting Requirements
By: Krista S. deBoer and Michael A. Fine
Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011 , by either May 5, 2025, or November 10, 2025. The EPA recently finalized a rule requiring certain reporting and recordkeeping for
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Topic Archives: Consumer Products

New Wave of PFAS Legislation Aimed at Consumer Products

By: Krista S. deBoer, William F. Tarantino and Cedar Hobbs

CPSC Proposes New Safety Rules for Infant Rockers

By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser

Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

By: Claudia M. Vetesi, Lena Gankin and Mamie Tabet

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer of Smoke Detector

By: Erin M. Bosman, Julie Y. Park and Matt Robinson

CPSC Launches New Business Product Safety Complaint Portal

By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser

New Civil Liberties Alliance Alleges CPSC and Commissioner Trumka Exceeded Authority and Plans to File Suit

By: Erin M. Bosman, Julie Y. Park, Matt Robinson and Rachel A. Kaiser

Lithium-Ion Battery Safety Heavily Featured at 2024 NFPA Conference

By: Erin M. Bosman, Matt Robinson and Rachel A. Kaiser

Health Halo Trend Continues With poppi "Gut Healthy" Sodas

By: Claudia M. Vetesi and Lauren N. Margolies

Implied Preemption for Dietary Supplements Is Here to Stay

By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Ashley E. Quinn

Now is the Time for PFAS Manufacturers and Importers to Prepare for TSCA's Retrospective Reporting Requirements

By: Krista S. deBoer and Michael A. Fine