Class Dismissed

September 18, 2019 - Consumer Products
Outnumbered But in Charge: Democrat Commissioner Robert Adler Elected to Vice-Chair of CPSC
By: Erin M. Bosman and Julie Y. Park
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 and Julie Y. Park
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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June 12, 2019 - Appellate & Supreme Court, Class Certification, Product Liability, Consumer Products, Class Action
Ninth Circuit’s En Banc Hyundai Decision: Less Strict Standard For Settlement Classes
By: Penelope A. Preovolos
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1] Hyundai II preserves the ability to certify nationwide settlement classes while maintaining
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June 10, 2019 - Privacy, Consumer Products
Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few
By: Julie O'Neill
Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220 , which was signed into law on May 29, 2019, is scheduled to take effect on October 1, 2019,
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June 06, 2019 - False Advertising, Food Misbranding, Consumer Products
“Natural” Complaint Barks Up the Wrong Tree
By: Claudia M. Vetesi
A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of glyphosate, an herbicide. See Parks v. Ainsworth Pet
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June 04, 2019 - Privacy, Consumer Products
CCPA: California Assembly Passes Additional Bills to Amend the CCPA
By: Nathan D. Taylor
Prior to the California Legislature’s May 31, 2019 deadline to pass bills out of their chamber of origin, the California Assembly passed six additional bills that would amend the California Consumer Privacy Act (“CCPA” or “Act”). The California Senate now has until September 13,
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May 16, 2019 - False Advertising, Class Certification, Food Misbranding, Consumer Products, Class Action
Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin
By: Claudia M. Vetesi
In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v. Johnson & Johnson, et al. , 1:17-cv-03892,
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April 09, 2019 - Consumer Products, CPSC
Ready, Set, Report! Seventh Circuit Considers When a Claim First Accrues for Failing to Report a Product Hazard
By: Erin M. Bosman and Julie Y. Park
Consumer products companies are familiar with the reporting requirement under Section 15(b) of the Consumer Product Safety Act (the Act), but when does that obligation kick in for statute of limitations purposes? The Seventh Circuit considered this question when it heard arguments on when
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March 14, 2019 - Internet of Things, Product Liability, Consumer Products, CPSC
CPSC Acting Chair Buerkle’s Priorities Include IoT and Furniture Safety
By: Erin M. Bosman and Julie Y. Park
At a recent product safety conference, Ann Marie Buerkle, Acting Chair of the U.S. Consumer Product Safety Commission (CPSC), announced CPSC’s priorities for 2019. These include technology—both for consumers and within the agency—as well as window coverings and furniture tipover. Buerkle surprised the audience
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March 11, 2019 - Privacy, Consumer Products
California Seeks to Strengthen Tough Privacy Laws
By: Purvi G. Patel
If you thought California’s privacy laws couldn’t get any tougher, think again. The California Legislature has proposed amendments to the California Consumer Privacy Act and additional privacy bills that could expand businesses’ privacy and data security obligations and heighten liability for noncompliance. These proposals confirm
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