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California Cuts Manufacturers Some Slack

October 22, 2013 | Blog | By Daniel Herling

As this space has pointed out on several occasions, California’s laws are nothing, if not unique.  One such law is California’s Business & Professions Code Section 12606.2 which prohibits a container or package from having false bottoms, false sidewalls, a false lid or covering or to “facilitate the perpetration of deception or fraud”. 
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Down the Rabbit Hole: Primary Jurisdiction Redux

October 21, 2013 | Blog | By Michelle Gillette

While perhaps not as far down the rabbit hole as Alice was, the Courts within the Northern District of California are decidedly split on whether to use the primary jurisdiction doctrine to stay food cases with “natural” claims. 
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CPSC Considers Rule on Voluntary Recall Notices and Compliance Programs

October 16, 2013 | Blog

The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted. 
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California's Green Chemistry Puts Burden on Manufacturers

October 14, 2013 | Blog | By Howie Miller

California is one of the largest consumer markets in the United States.   When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and retailers to inadvertently run afoul of California’s comprehensive environmental regulations.  Those regulations just got a little more comprehensive.
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Update: CPSC Shortens Comment Period on Voluntary Standards Amendment

October 4, 2013 | Blog

We recently wrote about CPSC’s proposed amendment to its current limitations on CPSC staff’s participation in voluntary standards organizations. Under the proposed amendment, staff would be allowed to cast votes on voluntary standards and hold leadership positions on voluntary standard committees.
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How Would CPSC Function During a Government Shutdown?

September 30, 2013 | Blog

My experiences at CPSC during the 2011 and 2012 “shutdown showdowns” are hard to forget. We spent a considerable amount of time preparing for a potential shuttering of the agency because of the very strict nature of the Anti-Deficiency Act when it comes to which employees qualify as “excepted” or “essential.”
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California, the FTC, & Made in the USA Claims

September 25, 2013 | Blog | By Daniel Herling

Demi Lovato’s hit song “Made in the USA” recounts how her love for her boyfriend is both amazing and patriotic.  If they had fallen in love in Paris or Acapulco, however, she may be facing an enforcement action by the FTC or a lawsuit in California under Business & Professions Code 17200 for false advertising.
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Health Canada Releases New Guidelines for Civil Penalties System

September 23, 2013 | Blog

Readers of our blog tend to pay a lot of attention to federal and state product safety developments for obvious reasons.
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Product Liability Lawyers at the Drawing Board: Risk Assessment Begins at the Beginning

September 19, 2013 | Blog | By Howie Miller

I used to jokingly tell people that when I moved from design engineering into the law I went from the most productive field in the world to the most counter-productive field. 
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CPSC Likely to Proceed with October Hearing on Magnet Rule

September 16, 2013 | Blog

This week, the Consumer Product Safety Commission (“CPSC”) will decide whether to hold a full Commission hearing to receive oral comments on a notice of proposed rulemaking on magnet set safety. 
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The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?

September 12, 2013 | Blog | By Michelle Gillette

In the ongoing California battle over lawsuits against food companies alleging false and misleading advertising, Plaintiffs claims are judged by the “reasonable consumer” test, in which plaintiffs must show that the public is likely to be deceived by the labeling or advertising. 
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Upcoming Webinar on CPSC Enforcement Trends with Commissioner Robert Adler

September 11, 2013 | Blog

Mintz Levin’s Consumer Product Safety practice is honored to welcome Commissioner Robert Adler as a guest speaker in an upcoming webinar to discuss the trajectory of CPSC enforcement trends and proactive steps your company can take to prevent becoming the subject of CPSC enforcement actions.
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CPSC Voting Soon on Changes to Its Role in Voluntary Standards Activities

September 9, 2013 | Blog

Last week, CPSC staff proposed an amendment to the agency's current voluntary standards rule that would allow Commission employees to participate as voting members and to accept leadership positions in voluntary standard development groups.
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More Courts Weigh In On The Controversy Of Using “All Natural” with GMOs

September 4, 2013 | Blog | By Michelle Gillette

A question before district courts these days seems to be whether 100% natural molasses move any slower than the FDA.
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Broad Prop 65 Reform Going Nowhere -- Weaker Assembly Bill 227 Moving Forward

August 30, 2013 | Blog | By Daniel Herling

Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success. 
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Details that Matter – Personnel Changes in CPSC’s Offices of Compliance & Global Outreach

August 27, 2013 | Blog

CPSC’s longtime Deputy Director of Compliance & Field Operations, Marc Schoem, is now leading the agency’s Office of Education, Global Outreach, and Small Business Ombudsman.
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No CPSC Enforcement Can be Admissible Evidence in a Products Liability Case

August 24, 2013 | Blog | By Daniel Herling

he role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin.  Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a design, manufacturing or failure to warn claim in a court of law.
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FTC & Green Advertising: Mattress Companies Settle FTC Allegations of Unsubstantiated “VOC” Marketing Claims

August 22, 2013 | Blog

The FTC’s recent settlements with three mattress companies send a message to all companies making “VOC Free” (volatile organic compounds) and similar environmental or “green” claims.
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Admissibility of Plaintiffs' Conduct in a Products Liability Case

August 20, 2013 | Blog | By Howie Miller

It would no doubt be helpful to present a jury with information of how plaintiff was driving too fast in choppy water before being thrown from a boat or how the plaintiff allowed lint to collect in the exhaust duct before a fire in the dryer caused property damage.
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CPSC and CBP Stop 4.8 Million Units of Noncompliant Products at the Ports

August 16, 2013 | Blog

The U.S. Consumer Product Safety Commission (CPSC) announced recently that it stopped 4.8 million units of products at multiple ports of entry that violated product safety rules or were deemed to be hazardous. 
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