Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action
- The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to dismiss plaintiff Troy Backus’ appeal of a district... ›
CPSC Launches “Regulatory Robot”
By: Erin M. Bosman and Julie Y. Park
Businesses face a daunting task when attempting to comply with the U.S. Consumer Product Safety Commission’s (CPSC) reporting requirements. In an effort to simplify and streamline the process for consumer products providers, CPSC recently launched a “Regulatory Robot” designed “to guide you through. ..... ›Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products
By: William F. Tarantino
California’s Green Chemistry Initiative has taken another step forward with the issuance of guidance on the heart of the law, the analysis of safer substitutes for chemicals in consumer products. On September 24, 2015, the California Department of Toxic Substances Control (DTSC) released its... ›Pay Attention to the Man Behind the Curtain: DOJ Memorandum Adds Further Weight to CPSC Enforcement Efforts Against Corporate Officers
By: Erin M. Bosman and Julie Y. Park
The United States Department of Justice (DOJ) recently issued a memorandum to various enforcement agencies. The memorandum, available here , focuses on holding individuals accountable for corporate fraud and misconduct. [1] The DOJ has already shown it means business. Just days after the memorandum... ›CPSC Will Launch Electronic Filing System Pilot Program for Imported Products
By: Erin M. Bosman and Julie Y. Park
Last week, the Consumer Product Safety Commission (CPSC) approved a pilot program to test an electronic filing system that will require importers to submit data electronically for imported consumer products. The filing system will aid CPSC and other regulators in their surveillance of imported... ›Recall, Enforce, Repeat! CPSC and DOJ Team Up for Another Enforcement Action
By: Erin M. Bosman and Julie Y. Park
The United States Consumer Product Safety Commission (CPSC) continues to escalate its enforcement efforts. Last week, the United States Department of Justice, on behalf of CPSC, filed suit against Spectrum Brands, Inc. (“Spectrum”). United States v. Spectrum Brands, Inc. , No. 3:15-cv-00371 (W.D. Wisc.).... ›California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030
On April 29, 2015, California’s Governor Jerry Brown issued an executive order to set a new interim target for reducing the state’s emissions of greenhouse gases (GHGs) to 40 percent below 1990 levels by 2030. In March 2015, we wrote about the current state... ›California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation
By: William F. Tarantino
California’s Green Chemistry Initiative continues to build momentum. On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its final April 2015 Priority Product Work Plan for 2015–2017 (“Work Plan”). The Work Plan is the first step in identifying the next... ›Regulating a Healthy Lifestyle? FDA Distributes New Draft Guidance on “General Wellness Products”
By: Erin M. Bosman
On January 16, 2015, the Food and Drug Administration (FDA) promulgated a much-anticipated draft guidance [1] concerning the classification and regulation of general wellness products. The draft guidance is the FDA’s latest attempt to provide some regulatory clarity in the wake of the explosion... ›Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification
A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern District of California denied a motion for class... ›