Class Dismissed

January 03, 2018 - FDA, Consumer Products, Retail
Makeup Shake Up: Potential New Federal Cosmetics Regulations
By: Erin M. Bosman and Julie Y. Park
“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created as a function of current cosmetics regulations—has been responsible
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December 26, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action, Retail
California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false advertising laws. In so doing, the court upheld the lower court’s conclusions
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December 04, 2017 - False Advertising, Consumer Products, Retail
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
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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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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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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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April 07, 2017 - Environmental Law, Product Liability, Consumer Products, Retail
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
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March 21, 2017 - Product Liability, Consumer Products, Retail, CPSC
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
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March 07, 2017 - Product Liability, Consumer Products, Retail, CPSC
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
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February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
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
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Topic Archives: Retail

Makeup Shake Up: Potential New Federal Cosmetics Regulations

By: Erin M. Bosman and Julie Y. Park

California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds

Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims

Expiring Soon: Temporary BPA Warning Regs Under Prop. 65

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

Ninth Circuit Nixes San Francisco Soda Warning

California Adds New Priority Consumer Product for Green Chemistry Regulation

CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets

By: Erin M. Bosman and Julie Y. Park

A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?

By: Erin M. Bosman and Julie Y. Park

District Court Sacks Ginkgo Biloba False Advertising Case