Class Dismissed

September 18, 2018 - Class Certification, FDA, Food Misbranding, Consumer Products, Class Action, Retail
Mixed Results on Class Certification for “Cereal” Plaintiff
In Hadley v. Kellogg Sales Company , Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products. On August 17, 2018, Judge
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August 22, 2018 - Consumer Products
Product Marking and Labelling in Europe
By: Alistair Maughan
Since the European Union’s main aims include consumer protection and ensuring product safety, you might be forgiven for thinking that the EU’s rules in those areas would be clear and straightforward. But you would be wrong. Manufacturers and distributors in Europe don’t have the
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July 25, 2018 - Product Liability, Consumer Products, CPSC
CPSC Gives Kids’ Meals A Boost—New Mandatory Standard For Booster Seats
By: Erin M. Bosman and Julie Y. Park
Safety standards for booster seats will no longer be a polite suggestion. On June 26, 2018, the U.S. Consumer Product Safety Commission (CPSC) voted 4-0 to approve a new mandatory safety standard for children’s booster seats. 83 Fed. Reg. 30837. The new rule applies
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July 13, 2018 - Consumer Products, Class Action
Collective Actions in Europe: Another Small Step in Germany
By: Jakob Schellmann
German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust emissions scandal. This new law won’t
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June 28, 2018 - Environmental Law, Product Liability, Consumer Products
Recent California Proposition 65 Developments Go Business’s Way for a Change
Introduction It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcome news to businesses. While they do not cure Proposition 65’s ills, a dizzying flurry of recent developments that we report on below may prove an exception. California
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June 07, 2018 - Consumer Products, CPSC
New Nomination Could Mean Partisan Tiebreaker for CPSC
By: Erin M. Bosman and Julie Y. Park
On June 4th, President Trump nominated Peter Feldman to fill the fifth seat on the U.S. Consumer Product Safety Commission (CPSC) and serve out the remainder of prior Commissioner Joe Mohorovic’s vacated seven-year term ending in October 2019. If confirmed, Mr. Feldman’s nomination may
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May 25, 2018 - Consumer Products, CPSC
Baiocco Confirmed as CPSC Commissioner
By: Erin M. Bosman and Julie Y. Park
After months of anticipation, the U.S. Senate finally confirmed Dana Baiocco as a Commissioner of the U.S. Consumer Product Safety Commission (CPSC) on May 22, 2018. President Trump first nominated Commissioner Baiocco on September 21, 2017. As a former Jones Day partner in the
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May 21, 2018 - Privacy, Consumer Products
California May Pass Its Own GDPR
By: Purvi G. Patel
While companies are focusing on compliance with the EU’s General Data Protection Regulation requirements, Californians will be given the option to impose a sweeping, GDPR-like privacy regime that also deserves attention. On May 3, 2018, proponents of the California Consumer Privacy Act announced they
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May 17, 2018 - False Advertising, Appellate & Supreme Court, Consumer Products, Retail
Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case
On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp. , 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth Circuit had held
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May 16, 2018 - False Advertising, Consumer Products
The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case
On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain Celestial Group, Inc. , Case No. 3:17-cv-00704 (N.D.N.Y). In
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