California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?
- A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and other greenhouse gas–producing chemicals. CARB enforces these regulations with... ›
Rare Court Decision in CPSC-Backed Enforcement Action
By: Erin M. Bosman and Julie Y. ParkA federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)‑backed lawsuit. United States v. Spectrum Brands, Inc. , No. 15-CV-371-WMC, 2016 WL 6835371, at *24... ›
FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues
By: Julie O'NeillThe Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were highlighted, the workshop’s focus was on whether drones raise unique... ›
Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed OfCalifornia’s Department of Toxic Substances Control (DTSC) has released the results of aquatic toxicity testing on over-the-counter remedies, health and beauty products, and cleaning products. The results indicate that over one-in-four of the tested everyday products fail the department’s acute aquatic toxicity fish bioassay... ›
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of RelianceThe Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp ., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims. Plaintiff Kathleen... ›
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce CompaniesIf your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this client alert. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action... ›
Generalized Products Liability Claims Not Viable Post-Spokeo
By: Erin M. Bosman, Julie Y. Park and Brittany ScheinokThe Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing.  As evidenced by the recent First Circuit case Hochendoner v. Genzyme Corp. , the analysis set forth in Spokeo is essential to determining the... ›
California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is PreemptedIn a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated California’s privacy laws.  The Court of Appeal held that the lawsuit was... ›
Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?
By: Erin M. Bosman and Julie Y. ParkIt is no secret that the U.S. Consumer Product Safety Commission (CPSC) is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act (CPSA), especially the provisions about a company’s failure to timely report substantial product hazards. An ongoing case... ›
What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer CaseOn March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone to staining clothes and leaving them with a moldy smell,... ›