Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims
- On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp. , 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context. The panel addressed whether a plaintiff allegedly deceived by false advertising... ›
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.... ›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... ›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]... ›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... ›CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets
By: Erin M. Bosman and Julie Y. Park
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). [1] On March 1, 2017, CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the... ›A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?
By: Erin M. Bosman and Julie Y. Park
Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the trend of increased CPSC enforcement, and its pledge to issue increased... ›District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North... ›California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?
A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and other greenhouse gas–producing chemicals. CARB enforces these regulations with... ›Rare Court Decision in CPSC-Backed Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)‑backed lawsuit. United States v. Spectrum Brands, Inc. , No. 15-CV-371-WMC, 2016 WL 6835371, at *24... ›