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Operation Full Disclosure! FTC's Frontal Assault on Ads

October 2, 2014 | Blog | By Daniel Herling

In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. 
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Product Safety Update from Capitol Hill (Part Three)

October 1, 2014 | Blog

Earlier this year we began a series of blog entries to update our readers on legislative efforts on Capitol Hill that affect stakeholders within the product safety arena.
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CPSC Gets it Right: Unanimously Regulates High-Powered Magnet Sets Through New Safety Standard

September 25, 2014 | Blog | By Charles Samuels

We do not typically take positions on product specific issues pending before the U.S. Consumer Product Safety Commission (“CPSC”), but the CPSC’s new safety standard for magnet sets demonstrates both why the agency exists and how it can use its regulatory authority to protect consumers.
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Guilty Convictions in Salmonella Trial May Signify Landmark in Criminal Food-Safety Prosecutions

September 22, 2014 | Blog | By Mina Nasseri

This space has thoroughly explored the various forms of civil liability food companies face for the mislabeling and/or deceptive marketing of their products.
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Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

September 16, 2014 | Blog | By Daniel Herling

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately dragging their feet.
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FDA Issues Draft Guidance Regarding Controlled Correspondence from Generics Manufacturers

September 9, 2014 | Blog | By Daniel Herling

On August 26, 2014, the FDA issued draft guidance to address “controlled correspondence,” which is the correspondence that generic drug manufacturers submit to the FDA to request information and to clarify issues related to generic drug development, and the FDA’s procedure for responding to such correspondence. 
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CPSC Poised to Ban High-Powered Magnet Sets

September 4, 2014 | Blog

Although the final rule currently under consideration by the CPSC sets a performance standard for magnet sets, the practical effect of the new safety standard will be a ban on the future sale or distribution of powerful rare earth magnet sets like Buckyballs and Zen Magnets.
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Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

August 28, 2014 | Blog | By Daniel Herling

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level.
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Are Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws

August 21, 2014 | Blog

In the wake of the tragic drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act.
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The Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law

August 18, 2014 | Blog | By Joshua Foust

In June, we reported on a suit brought by the Grocery Manufacturers Association (“GMA”) seeking to rescind Vermont’s new GMO-labeling statute, Act 120.  As we explained in that post, the GMA argues that Act 120 is doubly unconstitutional.
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CPSC Magnets Trial in December? Zen Magnets Throws Down the Gauntlet; Vows to “Fight Until the End”

August 7, 2014 | Blog

Two years ago, the U.S. Consumer Product Safety Commission (CPSC) took the uncommon step of filing administrative complaints against multiple rare-earth magnet companies who refused to voluntarily recall magnetic adult desk toy products deemed to be defective by CPSC staff.
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Senate Confirms Elliot Kaye as Chairman & Joe Mohorovic as Commissioner of the CPSC

July 28, 2014 | Blog

Earlier this evening, the U.S. Senate confirmed Elliot Kaye as the new CPSC Chairman and Joe Mohorovic as a new Commissioner of the agency. Once Kaye and Mohorovic are officially sworn in this week, the Commission will be fully constituted with five Commissioners.
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Expect a New Chairman and Five Member CPSC Next Week

July 25, 2014 | Blog

Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th.
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California Supreme Court Considers Component Parts Doctrine

July 18, 2014 | Blog | By Daniel Herling

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine.
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House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

July 16, 2014 | Blog

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next fiscal year.
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CPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote

July 15, 2014 | Blog | By Charles Samuels

Today the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC).
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Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines

July 14, 2014 | Blog | By Mina Nasseri

Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products.
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SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

July 7, 2014 | Blog

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and trade associations to develop sound legal policies and procedures to avoid antitrust lawsuits last month.
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Unredacted Company Doe (Ergobaby) Opinion Released

June 20, 2014 | Blog

We previously wrote about the recent 4th Circuit decision that ordered the unsealing of a district court opinion siding with a manufacturer who challenged a product safety report the CPSC planned to post on its Saferproducts.gov public database.
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Grocery Manufacturers File Suit Against Vermont Over GMO Law

June 18, 2014 | Blog | By Russell Kott

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. 
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