Class Dismissed

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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October 26, 2016 - Privacy, Aviation & Drones, Consumer Products, FTC, Retail
FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues
By: Julie O'Neill
The 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
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October 05, 2016 - Consumer Products
Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of
California’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
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August 10, 2016 - Product Liability, Consumer Products, Class Action
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance
The 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
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July 20, 2016 - Internet of Things, Consumer Products, Class Action
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
If 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
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June 10, 2016 - Drug & Medical Device, Product Liability, Consumer Products
Generalized Products Liability Claims Not Viable Post-Spokeo
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing. [1] As evidenced by the recent First Circuit case Hochendoner v. Genzyme Corp. , the analysis set forth in Spokeo is essential to determining the
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June 08, 2016 - Privacy, Product Liability, Aviation & Drones, Consumer Products
California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted
In 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. [1] The Court of Appeal held that the lawsuit was
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May 11, 2016 - Consumer Products, CPSC
Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?
By: Erin M. Bosman and Julie Y. Park
It 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
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Topic Archives: Consumer Products

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

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

By: Julie O'Neill

Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

Generalized Products Liability Claims Not Viable Post-Spokeo

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?

By: Erin M. Bosman and Julie Y. Park