Class Dismissed

May 19, 2017 - False Advertising, Drug & Medical Device, Product Liability, Consumer Products
Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to enforce the substantiation provisions of California’s unfair competition and consumer protection law.
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May 04, 2017 - Product Liability, Consumer Products, Class Action
Closing the Door on Hybrid Product Defect/Fraud Claims
By: Erin M. Bosman and Julie Y. Park
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC (BMW) concerning the soft-closing automatic doors
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April 24, 2017 - Product Liability, Consumer Products, Class Action
Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend
On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint defect that caused the “self-healing” paint to bubble,
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April 07, 2017 - Environmental Law, Product Liability, Consumer Products, Retail
California Adds New Priority Consumer Product for Green Chemistry Regulation
California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing Unreacted Methylene Diphenyl Diisocyanates (MDI) as a Priority Product. These SPF systems are used
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March 21, 2017 - Product Liability, Consumer Products, Retail, CPSC
CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets
By: Erin M. Bosman and Julie Y. Park
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). [1] On March 1, 2017, CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the
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March 10, 2017 - Product Liability, Consumer Products, Class Action
House Passes Bill Proposing Sweeping Changes to Class Action Litigation
By: Claudia M. Vetesi
The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action litigation untouched. For example, the provisions require
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March 07, 2017 - Product Liability, Consumer Products, Retail, CPSC
A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?
By: Erin M. Bosman and Julie Y. Park
Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the trend of increased CPSC enforcement, and its pledge to issue increased
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February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North
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December 09, 2016 - Environmental Law, Product Liability, Consumer Products, Retail
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
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December 09, 2016 - Product Liability, Consumer Products, Retail, CPSC
Rare Court Decision in CPSC-Backed Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A 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
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Topic Archives: Consumer Products

Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case

Closing the Door on Hybrid Product Defect/Fraud Claims

By: Erin M. Bosman and Julie Y. Park

Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend

California Adds New Priority Consumer Product for Green Chemistry Regulation

CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets

By: Erin M. Bosman and Julie Y. Park

House Passes Bill Proposing Sweeping Changes to Class Action Litigation

By: Claudia M. Vetesi

A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?

By: Erin M. Bosman and Julie Y. Park

District Court Sacks Ginkgo Biloba False Advertising Case

California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

Rare Court Decision in CPSC-Backed Enforcement Action

By: Erin M. Bosman and Julie Y. Park