Class Dismissed

November 29, 2017 - Environmental Law, Product Liability, Consumer Products, Retail
Expiring Soon: Temporary BPA Warning Regs Under Prop. 65
With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires on December 30, 2017. Read our Law360 article.
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November 01, 2017 - Environmental Law, Consumer Products
Full Disclosure: New Labeling for Cleaning Products
By: William F. Tarantino
On October 15, 2017, California Governor Jerry Brown signed into law Senate Bill 258, known as the Cleaning Product Right to Know Act of 2017. The Act requires manufacturers of most cleaning products sold in California to disclose detailed information regarding their chemical content
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October 19, 2017 - Product Liability, Consumer Products, Retail, CPSC
Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). [1] The court’s 23-page opinion is a strong reminder of how devastating the impact can be for
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October 11, 2017 - Environmental Law, Product Liability, Consumer Products
Consumer Product Update – California’s Green Chemistry Initiative Looks for New Products to Regulate
Nail polish, household cleaners, carpets, upholstery, lead acid batteries and other products may be targeted for regulation under California’s Safer Consumer Products Program. The Program, also known as the California Green Chemistry Initiative, is an innovative regulatory scheme to evaluate and seek safer substitutes
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October 02, 2017 - Product Liability, Consumer Products, CPSC
CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for Rulemaking to Ban an Entire Class of Flame-Retardants
By: Erin M. Bosman and Julie Y. Park
In a split across party lines, the U.S. Consumer Product Safety Commission (CPSC or the “Commission”) recently voted on a largely unprecedented course of action: to ban an entire class of chemicals from popular consumer products. Specifically, CPSC adopted a petition for rulemaking that
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September 29, 2017 - False Advertising, Product Liability, Consumer Products, Retail
Ninth Circuit Nixes San Francisco Soda Warning
Advertisers and purveyors of sugar-sweetened beverages can rest a little easier now. The Ninth Circuit recently ordered a district court to issue a preliminary injunction to enjoin the 2015 San Francisco Ordinance requiring inclusion of a warning on all advertisements for sugar-sweetened beverages. [1]
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September 21, 2017 - Privacy, Aviation & Drones, Consumer Products, Government Actions
Wheels Are Turning on Federal Self-Driving Policy
One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning. The U.S. House of Representatives earlier this month
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August 31, 2017 - Product Liability, Consumer Products, CPSC
CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) eliminated third-party testing for compliance with CPSC’s phthalates prohibitions for seven plastics. The Commission decided that these plastics with specified additives do not contain concentrations above 0.1% of the phthalates prohibited in children’s
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August 08, 2017 - Drug & Medical Device, Product Liability, Consumer Products
Bristol-Myers Squibb: The Aftermath
By: Erin M. Bosman and Julie Y. Park
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017) (“BMS”). Mass tort defendants have wasted little time in moving to dispose of claims from nonresident plaintiffs
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August 01, 2017 - Environmental Law, Product Liability, Consumer Products
Warning: New Proposition 65 Warning Regulations Taking Effect
A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for providing Prop 65 warnings. Companies that have not yet started preparing
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