Class Dismissed

September 21, 2020 - Product Liability, Trials, Consumer Products, CPSC
Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard
By: Erin M. Bosman, Julie Y. Park and Erin P. Lupfer
The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and
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September 15, 2020 - False Advertising, NAD, Consumer Products, FTC, Class Action
Advertising Checklist for In-House Counsel
By: Penelope A. Preovolos and Claudia M. Vetesi
Along with making their advertising materials eye-catching and influential, consumer‑facing companies need to ensure that their representations about products and services comply with advertising laws. This article discusses basic advertising law, some things to avoid and some things to do. Although every state has
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July 01, 2020 - False Advertising, Consumer Products, Class Action
Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available
By: Jessica L Grant
Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable principles, which require, among other things, a showing of an inadequate remedy at law.
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June 30, 2020 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Schein On: Supreme Court to Decide Key Arbitration Delegation Question
The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise
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March 27, 2020 - Coronavirus (COVID-19), FDA, Consumer Products, Emergency Use Authorization (EUA)
FDA Warns Against At-Home COVID-19 Testing Kits
By: Erin M. Bosman and Julie Y. Park
A number of startups announced they would begin selling at-home COVID-19 testing kits this week. These startups included: Carbon Health, a tech-enabled healthcare network that combines virtual and in-person care, Everlywell, a company that offers food sensitivity and various other home health tests, and
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March 17, 2020 - Coronavirus (COVID-19), FDA, Consumer Products
FDA and FTC Send Warning Letters to Companies Marketing Products to Treat Coronavirus; State Attorneys General Follow Suit
By: Erin M. Bosman and Julie Y. Park
The rapid spread of coronavirus has spawned prolific marketing claims that any number of products can treat or prevent coronavirus. It comes as no surprise then that the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) recently issued their first round of
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February 26, 2020 - False Advertising, Food Misbranding, MDL, Consumer Products
Is the Coke Half Full or Half Empty?
By: Claudia M. Vetesi
Earlier this month, a California federal judge certified six classes asserting state consumer protection statute claims in a multidistrict litigation alleging that The Coca-Cola Co. misled consumers about artificial flavors and added preservatives in its Coke products. See In re: Coca‑Cola Products Marketing and
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November 25, 2019 - Environmental Law, Consumer Products
CARB Issues New Draft VOC Limits for Consumer Products
On November 7, 2019, the California Air Resources Board (CARB) held a second public workshop to review its draft proposed amendments (Draft Proposal) to its Consumer Products regulations. Since its first public workshop in April, where it identified 49 priority categories, CARB has convened
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September 18, 2019 - Consumer Products
Outnumbered But in Charge: Democrat Commissioner Robert Adler Elected to Vice-Chair of CPSC
By: Erin M. Bosman, Julie Y. Park and Erin P. Lupfer
The U.S. Consumer Product Safety Commission (CPSC) recently elected Commissioner Robert Adler to serve as vice-chair of the CPSC. Commissioner Adler, a Democrat who has served on the CPSC since 2009, is a surprising choice for the No. 2 spot, elected to the position
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June 20, 2019 - Internet of Things, Product Liability, Consumer Products, CPSC
Change Is in the Air: Buerkle Withdraws Her Nomination to Chair the CPSC
By: Erin M. Bosman, Julie Y. Park and Erin P. Lupfer
This week, Acting Chairman Ann Marie Buerkle withdrew her nomination to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC). She will wrap up her tenure as Acting Chairman, a position she has held since February 2017, on September 30, and will
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