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New GE Ingredient Labeling Bill Intensifies Food Fight in Congress

February 26, 2016 | Blog | By Sam Rothbloom

The latest salvo in the legislative food fight over genetically engineered (GE) ingredients came from the Senate, where Agriculture Committee Chairman Pat Roberts (R-KS) has introduced a bill that would instruct the Secretary of Agriculture to create a voluntary food labeling standard for bioengineered foods.
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Earlier today, the CPSC unanimously agreed to publish in the Federal Register a new enforcement policy proposed by Commissioner Joe Mohorovic regarding the certification of certain adult wearing apparel (click here for policy-related materials and statement prepared by Commissioner Mohorovic). 
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Preemption Defense in the Ninth Circuit Is “Not Dead Yet”

February 19, 2016 | Blog | By Daniel Herling

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there. One living fellow insists on not being dead by exclaiming: “I’m not dead yet.”  Unfortunately for him, his protestations go unheeded and he is placed in the cart of the dead.
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Federal Rule 68 Loophole; Not So Fast, My Friend.

February 17, 2016 | Blog | By Lyzzette Bullock

As we recently blogged about, in January the U.S. Supreme Court rejected the Rule 68 ‘pick off’ strategy in its Campbell-Edwald decision. 
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Reminder – Truthful Advertising Is Not Optional

February 12, 2016 | Blog | By Joanne Hawana

We blog frequently about new regulatory developments coming from CPSC or FDA and about enforcement actions brought by those federal agencies as well as state counterparts and private plaintiffs.
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President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to the operation of the CPSC’s Saferproducts.gov database with respect to claims that a database report contains materially inaccurate information (“MII Claims”). 
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Class Action Defense Pick-Off Strategy Shot Down by SCOTUS

February 5, 2016 | Blog | By Lyzzette Bullock

Our colleagues Michael Arnold and Gauri Punjabi recently discussed the U.S. Supreme Court’s rejection of the Federal Rule 68 "pick off" strategy on Mintz Levin’s Employment Matters Blog.
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FDA Places Ban on Import of GE Salmon

February 4, 2016 | Blog | By Katherine Fox

Reversing course from the end of 2015, FDA recently announced an import ban on genetically engineered (GE) salmon until such a time as comprehensive labeling guidelines are introduced.
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Back in September we blogged about the Warning Letter that FDA issued to Hampton Creek Foods, Inc. for its vegan food dressing and sandwich spread, “Just Mayo” and a similar product, “Just Mayo Sriracha.” 
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On Tuesday, the Senate Health, Education, Labor, and Pensions (HELP) Committee unanimously approved the President's nomination of Dr. Robert Califf as the next commissioner of food and drugs.
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Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,” that prohibited the sale of children’s products containing seven chemicals of “high concern” (see previous blog post here).
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Has your business experienced difficulty identifying on the CPSC’s website which product safety regulations are potentially applicable to your products?
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The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to California’s Transparency in Supply Chains Act.
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The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that  will affect a wide array of issues ranging from repealing food labeling laws to allowing children to sled on Capitol Hill.
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The 2016 Omnibus Spending Bill recently passed by both houses of Congress ushers in important developments in the food safety, labeling, and nutrition spaces.  Following House and Senate votes December 18, it now goes to President Obama for his signature.
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Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught fire.  Much of the focus of these claims has been related to the overheating of the hoverboards’ lithium ion batteries.
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On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products directly to consumers.
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Settlement Looms for "Made in USA" Jeans Suit

December 9, 2015 | Blog | By Daniel Herling

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. 
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The Continuing Conundrum of the California Food Fight

December 7, 2015 | Blog | By Mina Nasseri

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from manufacturers and retailers of these goods, and companies in the relevant industries seem ready, willing, and able to provide that information.
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Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber.  Crumb rubber is a granule material typically made from recycled scrap tires that is used to provide a soft play surface for playgrounds (and infill for artificial turf fields). 
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