Morrison Foerster’s Class Dismissed blog provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class actions lawsuits and product liability issues that affect consumer-facing companies. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Products Liability practices offer a real-time assessment of the developments in matters that are shaping the industry. This blog examines the full spectrum of consumer-related class action and product liability lawsuits ranging from false advertising, privacy, consumer product safety, ADA, food misbranding, TCPA, environment, retail, and government actions as well as nationwide and multidistrict litigation class actions.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Partner

Julie Park protects her clients’ products no matter what kind of product issue they face—whether it is planning for new product development, recalling an existing product, or defending clients against product liability or consumer class actions. Drawing on her deep technical and legal expertise, Julie counsels clients on consumer product safety regulation and pharmaceutical and medical device preemption while also managing complex and multijurisdictional litigation both in state and federal court.

Julie Y. Park

<div class="videoWrapper"><iframe frameborder="0" class="sticky-video" allowfullscreen="1" title="Meet Penny Preovolos, Litigation Partner" src="https://www.youtube-nocookie.com/embed/hv7hYn-Bl7c?rel=0&showinfo=0;vq=hd1080" title="iframe"></iframe></div>Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products. According to Chambers USA, Penelope has a “great reputation for antitrust and product liability work” and is a “superb all-around antitrust lawyer.”Penelope was named the 2019 Antitrust Lawyer of the Year by the Antitrust, UCL, and Privacy Section of the California Lawyers Association. She was co-chair of MoFo’s antitrust practice for 14 years. She has served as chair of the Antitrust and Trade Regulation Section of the State Bar of California and as a member of the Ninth Circuit Advisory Committee on Local Rules and Operations. She is an editor of and frequent contributor to Morrison & Foerster’s <a href="https://classdismissed.mofo.com/">Class Dismissed blog</a>, as well as a frequent speaker about class action and antitrust issues.More About PenelopePenelope clerked for the Honorable Charles M. Merrill, United States Court of Appeals for the Ninth Circuit. She graduated cum laude from Harvard Law School, where she was executive editor of the Harvard Civil Rights – Civil Liberties Law Review. Penelope was a member of Phi Beta Kappa at the University of California, Berkeley. She was awarded the University Medal, the highest undergraduate honor at the university, as well as the English Departmental Citation (awarded to the outstanding graduate in that department).

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Senior Counsel

Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products.

Penelope A. Preovolos

Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy matters. She is currently representing numerous consumer goods manufacturers and retailers in false advertising and mislabeling class action lawsuits. Claudia also regularly counsels clients in the food, cosmetics, retail, and technology industries. She represents companies in false advertising disputes before the National Advertising Division (NAD) of the Council of Better Business Bureaus, Inc.<h5>More about Claudia</h5>Claudia is active in MoFo’s pro bono efforts, and recently traveled to El Paso, Texas, to work with families separated and detained at the border. She is also supervising a pro bono collaboration with Equal Rights Advocates, a nonprofit fighting for gender justice in work places and schools across the country. The initiative will help students who have been victims of sexual assault, attempted assault, or harassment find support and seek justice. Claudia is also a board member of Bay Area Legal Aid and a former board member of Equal Rights Advocates. Claudia is an editor and frequent contributor to MoFo’s <a href="https://classdismissed.mofo.com/">Class Dismissed</a> blog, which provides reports about the latest defense news, developments, and trends in class action lawsuits and product liability issues that affect consumer-facing companies. Her perspectives are also respected in the larger legal community: Claudia has published articles about class action and false advertising issues, and is a co-author of Chapter 7 — “Unfair Competition in California Business Litigation 2016” — of The Recorder. She also regularly speaks at conferences on class action and advertising trends. Claudia is currently serving as a Lawyer Representative for the Northern District of California. She received her J.D. degree in 2004 from Berkeley Law (Boalt Hall School of Law), where she was an associate editor of the Berkeley Technology Law Journal.

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Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy matters. She is currently representing numerous consumer goods manufacturers and retailers in false advertising and mislabeling class actions.

Claudia M. Vetesi

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office.Alexandra litigates product liability matters involving medical devices, pharmaceuticals, consumer products, automobiles, and AI. Alexandra's litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.Alexandra has significant trial experience. She has first-chaired a one-week jury trial and second-chaired a five‑week jury trial, both involving multiple claims and witnesses. She also has extensive experience in alternative dispute resolution, representing clients at mediations, mandatory settlement conferences, and early neutral evaluations.Alexandra enjoys tracking developments and keeping her clients updated on product liability and personal injury claims, frequently writing or presenting on emerging areas such as autonomous vehicles and smart devices. Alexandra’s experience also extends to professional liability, warranty claims, eminent domain, and construction law.Alexandra earned her J.D. from the University of San Diego School of Law. While in law school, the San Diego Law Review published her comment on the recovery of damages by plaintiffs in a persistent vegetative state, and she also served as a comment editor. She received her B.A. from the University of California, Los Angeles, where she majored in Political Science and minored in Spanish. A San Diego native, she attended a Spanish immersion school through the eighth grade. Alexandra is active in the San Diego community, advising students at a local college. She is also a member of several legal organizations in San Diego, including Lawyer’s Club, the Association of Business Trial Lawyers, and Wallace Inn of Court.

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Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office. Alexandra litigates product liability matters involving medical devices, pharmaceuticals, consumer products, automobiles, and AI. Alexandra’s litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office. Alexandra litigates product liability matters involving medical devices, pharmaceuticals, automobiles, AI, and robotics. Alexandra's litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.

Alexandra Barlow

Adam J. Hunt is a partner in the Litigation Department of Morrison Foerster’s New York office. His practice focuses on complex litigation, with an emphasis on class action and commercial litigation.Mr. Hunt has extensive experience representing consumer products companies, financial institutions, and technology firms in class action cases and complex commercial disputes before state and federal trial courts, as well as in arbitrations. Clients seek Mr. Hunt’s counsel for his creative, strategic thinking in high-stakes, high-profile matters. He has represented clients facing claims under false advertising, antitrust, and privacy laws throughout the country, securing wins at the pleading stage, summary judgment, and trial, in addition to negotiating favorable settlements, often early in the case. Representative experience includes successfully securing rulings dismissing two putative false advertising class action cases against one of the best-known consumer electronics companies in the world; obtaining a complete win on summary judgment for a major shipping and logistics company in a multimillion-dollar commercial dispute; appearing as counsel at trial for a leading financial institution in a $100 million commercial dispute, winning a bench trial verdict; and prevailing on motions to dismiss false advertising class actions against a leading Greek yogurt company.Mr. Hunt is also an editor of the firm’s <a href="https://classdismissed.mofo.com/" target="_self">Class Dismissed blog</a>, which provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class action lawsuits that affect consumer-facing companies.Mr. Hunt maintains an active pro bono practice and is the recipient of the New York State Bar Association’s 2017 President’s Pro Bono Service Award for the First Judicial Department, the 2018 Public Service Award from New York University School of Law, and Morrison Foerster’s Kathi Pugh Award for Pro Bono Services.Mr. Hunt received his B.A. with honors from Swarthmore College and his J.D. cum laude from New York University.

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Adam Hunt is a partner in the Litigation Department of Morrison Foerster’s New York office. His practice focuses on complex litigation, with an emphasis on class action and commercial litigation.

Adam Hunt

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Alexandra Preece Barlow

Adam J. Hunt

The Future of Section 230: Protection Against Product Liability Claims?

New Wave of PFAS Legislation Aimed at Consumer Products

CPSC Releases Annual Report on Deaths and Injuries Involving Nursery Products

CPSC Proposes New Safety Rules for Infant Rockers

CPSC Commissioners Abstain from Retracting Infant Sleep Product Statements

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On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary supplement called “Lactaid” should be required to meet the heightened regulatory requirements for drug products. The defendant—and the district court and First Circuit—disagreed.Read the <a href="https://www.mofo.com/resources/insights/240430-implied-preemption-for-dietary-supplements" target="_blank">full client alert</a>.

Fertility Center Litigation

Fitbit

MicroPort

Leading Healthcare, Pharmaceutical, and Medical Device Company

Lethal Injection Matters – Major Pharmaceutical Company

Pain Pump Matters – Large Pharmaceutical Company

Major Technology Company

Leading Chemical Company

Security Device Company

In re Air Crash Near Peixoto de Azevedo, Brazil

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Erin Bosman is chair of MoFo’s Class Actions and Mass Torts Practice Group and is a founder and co-head of the Artificial Intelligence Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin M. Bosman

Erin Bosman is chair of MoFo’s Class Actions and Mass Torts Practice Group and is a founder and co-head of the Artificial Intelligence Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin Bosman

An orthopedic implant company

A children&rsquo;s monthly subscription service product

A fertility company

A major technology company

A smart fitness equipment company

Julie Park provides analytic and strategic counsel for issues in product life cycle, product liability and defective products, consumer class actions, and more.

Julie Park

Julie Park | Product Liability Lawyer

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office.
Alexandra litigates product liability matters involving medical devices, pharmaceuticals, autom

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Associate

Ashley E. Quinn is an associate in Morrison Foerster’s Class Actions + Mass Torts Group in the San Diego office. Ashley’s practice spans the product lifecycle. She defends clients in class actions, multidistrict, and other high-stakes litigation in state and federal court. 

Ashley E. Quinn

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High Court Orders Rethink Of $9.7M Award After TransUnion

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On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. 

Implied Preemption for Dietary Supplements Is Here to Stay

This month, California Governor Gavin Newsom signed into law the California Food Safety Act—a bill targeted at enhancing food safety within California.  The law bans the manufacture, sale, and distribution of four food additives used in over 12,000 different food products: brominated vegetable oil, potassium bromate, propylparaben, and Red Dye No. 3. The History and the AdditivesThe California Food Safety Act makes California the first state in the country to ban the use of brominated vegetable oil, potassium bromate, propylparaben, and Red Dye No. 3 in food products.  But these types of bans are not novel.  All four ingredients are currently banned in the European Union.[1] <ul><li>Brominated vegetable oil (BVO), which can be added to beverages to keep citrus flavor from separating, has also been banned in Japan in part over allegations about neurologic symptoms in people who drink large amounts of citrus soda.[2] While BVO is regulated as a food additive, the U.S. Food and Drug Administration (FDA) has stated that over the years, many beverage makers have reformulated their products to replace BVO with alternative ingredients, and few beverages sold in the United States today contain the additive.[3]  In May 2022, the FDA published a study suggesting that high levels of BVO had negative effects on rodents and the FDA is currently working on a proposed rule to remove authorization for the use of BVO as a food ingredient.[4]</li></ul><ul><li>Potassium bromate, which can be added to baked goods to help dough strengthen and rise, allegedly has harmful effects on the respiratory and nervous systems when consumed in large quantities. In addition to the European Union, potassium bromate is currently prohibited in China, South Korea, Sri Lanka, Canada, Brazil, Peru, India, Colombia, and Singapore.[5]</li></ul><ul><li>Propylparaben, which is used in food preservation, has been allegedly linked to reproductive health concerns. In addition to the European Union, propylparaben is currently prohibited in Japan, China, Sri Lanka, and Singapore.[6]</li></ul><ul><li>Red Dye No. 3, which is a color additive providing a bright, cherry-red color, has been banned for use in cosmetics and externally applied drugs in the United States since 1990, when the FDA determined that it “causes a carcinogenic response in rats.”[7] The European Union restricted its use in food to only candied cherries and cocktail cherries in 1994.  Australia and New Zealand also restrict its use to just cocktail cherries and frosting.[8]  In October 2022, 24 scientists and consumer and health groups, including the Washington, D.C.-based nonprofit watchdog and consumer advocacy group, the Center for Science in the Public Interest, called on the FDA to ban the use of Red Dye No. 3 in foods.</li></ul>The Law and the ImpactThe California Food Safety Act passed the state legislature on September 12, 2023, almost unanimously with only six no votes. The law will go into effect on January 1, 2027, allowing manufacturers time to reformulate products without the prohibited food additives.  California Governor Gavin Newsom dubbed the law a “positive step forward” while the FDA reviews the additives and considers additional regulations.[9] The National Confectioners Association (NCA), however, has accused California lawmakers of “making decisions based on soundbites rather than science.”[10]  The NCA further cautioned that this is a “slippery slope” and it could create confusion around food safety and increase food costs for consumers.[11] Violations of the California Food Safety Act will be punishable by a civil penalty of up to $5,000 for the first violation and up to $10,000 for each subsequent violation.While it is too soon to tell the impact that the law will have on California’s grocery store aisles, manufacturers may need to change their operations to accommodate the new California Food Safety Act.  Given that these additives have been banned in several countries, it is likely the change will not be a complex one, but California’s law could kickstart a trend among other states. For example, a similar bill to ban the same four additives, plus titanium dioxide, was introduced by New York’s legislature in March 2023.[12] And California’s new law could signal a trend that may influence the FDA’s rulemaking on food additives. On the class action side, the law could further usher in a wave of “healthy” food lawsuits, where plaintiffs challenge the ingredients in and labeling of food products. Morrison Foerster will continue to monitor the impact of the California Food Safety Act and any FDA actions on food additives and is available to provide legal guidance to clients on the potential regulatory, advertising, and class action litigation matters.[1] <a href="https://www.msn.com/en-us/health/nutrition/california-ban-on-4-food-additives-sparks-outrage-slippery-slope/ar-AA1hWCxi">https://www.msn.com/en-us/health/nutrition/california-ban-on-4-food-additives-sparks-outrage-slippery-slope/ar-AA1hWCxi</a>.[2] https://www.foodnetwork.com/healthy/articles/ brominated-vegetable-oil-dangers-side-effects.[3] <a href="https://www.fda.gov/food/food-additives-petitions/brominated-vegetable-oil-bvo">https://fda.gov/food/food-additives-petitions/brominated-vegetable-oil-bvo</a>.[4] <a href="https://www.fda.gov/food/food-additives-petitions/brominated-vegetable-oil-bvo">Id.</a>[5] <a href="https://www.fda.gov/food/food-additives-petitions/brominated-vegetable-oil-bvo">Id.</a>[6] <a href="https://www.fda.gov/food/food-additives-petitions/brominated-vegetable-oil-bvo">Id.</a>[7] 55 Fed. Reg. 3520 (Feb. 1, 1990), available at <a href="https://www.govinfo.gov/content/pkg/FR-1990-02-01/pdf/FR-1990-02-01.pdf">https://www.govinfo.gov/content/pkg/FR-1990-02-01/pdf/FR-1990-02-01.pdf</a>.[8] <a href="https://www.govinfo.gov/content/pkg/FR-1990-02-01/pdf/FR-1990-02-01.pdf">Id.</a>[9] <a href="https://www.govinfo.gov/content/pkg/FR-1990-02-01/pdf/FR-1990-02-01.pdf">Id.</a>[10] <a href="https://candyusa.com/news/nca-statement-on-california-governor-newsom-signing-bill-ab-418-to-ban-certain-food-ingredients/">https://candyusa.com/news/nca-statement-on-california-governor-newsom-signing-bill-ab-418-to-ban-certain-food-ingredients/</a>.[11] <a href="https://candyusa.com/news/nca-statement-on-california-governor-newsom-signing-bill-ab-418-to-ban-certain-food-ingredients/">Id.</a>[12] <a href="https://legislation.nysenate.gov/pdf/bills/2023/S6055A">https://legislation.nysenate.gov/pdf/bills/2023/S6055A</a>.

Nature's Path Foods

Suja Juices

Unilever USA Inc.

Nature’s Path Foods and Sprouts Farmers Market

Iovate Health Sciences, International

Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy mat

Claudia Vetesi

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Brigid is a food, drug, and medical device lawyer who counsels life sciences companies on a wide range of U.S. Food & Drug Administration pre- and post-market regulatory issues.

Brigid DeCoursey Bondoc

Brigid is a food, drug, and medical device lawyer who counsels life sciences companies on a wide range of U.S. Food & Drug Administration pre- and post-market regulatory issues.

Brigid Bondoc

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Lena is an associate in the Litigation Department in Morrison Foerster’s San Francisco office. Lena’s practice focuses on commercial and class actions litigation, with an emphasis on false advertising, unfair competition, and antitrust. Lena regularly counsels clients in the food and beverage, dietary supplement, cosmetics, retail, and technology sectors.











Lena Gankin

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Marcus Grimes is an associate in the Litigation Department in Morrison Foerster’s San Francisco office.

Marcus Grimes

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Golden State Crackdown—Unpacking California's Landmark Food Safety Act