FDA’s Denial of Citizen’s Petition “Clear” Enough for Preemption of Failure-to-Warn Claims
- The Tenth Circuit recently upheld a Utah district court’s finding that a branded drug manufacturer could not be held liable for failing to warn consumers about alleged birth defect risks when the FDA had previously rejected a citizen’s petition calling for the same warnings.... ›
California Adopts First Green Chemistry Regulations for Children’s Nap Mats and Provides Important Guidance for Its Alternatives Analysis
California took two important steps forward to implement its new Green Chemistry Initiative, also known as the Safer Consumer Products (SCP) Program, to regulate and encourage replacement of toxic chemicals in consumer products. First, it adopted new regulations for its first priority product, children’s... ›- - Appellate & Supreme Court, Drug & Medical Device, Product Liability, Consumer Products, Class Action
Supreme Court Says “No” to “Litigation Tourism”
There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California , No. 16-466.... › Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker
By: Claudia M. Vetesi
Introduction. Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al. , a closely watched case in the class action world, and one on which we previously reported here. Baker presented the following question: Can a... ›Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to enforce the substantiation provisions of California’s unfair competition and consumer protection law.... ›Closing the Door on Hybrid Product Defect/Fraud Claims
By: Erin M. Bosman and Julie Y. Park
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC (BMW) concerning the soft-closing automatic doors... ›Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend
On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint defect that caused the “self-healing” paint to bubble,... ›California Adds New Priority Consumer Product for Green Chemistry Regulation
California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing Unreacted Methylene Diphenyl Diisocyanates (MDI) as a Priority Product. These SPF systems are used... ›Another Step Toward Reasonable Preemption Case Law
By: Erin M. Bosman and Julie Y. Park
Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No. 16-3347, 2017 WL 680349 (6th Cir. Feb. 21, 2017). This defense decision is another... ›Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give generic drug manufacturers responsibility for maintaining the accuracy of... ›