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CPSC to Host Recall Effectiveness Workshop; Commissioner Kaye Issues Recall Effectiveness Statement
July 20, 2017 | Blog | By Shawn Skolky
On July 25, 2017 at 9:00 AM, the Consumer Product Safety Commission will be hosting a public workshop on Recall Effectiveness. The workshop, to be held in the Hearing Room at CPSC Headquarters in Bethesda, Maryland, is intended to allow consumer safety professionals and the CPSC staff to discuss ways to improve the effectiveness of recalls.
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Let’s Go, Big ©! Let’s Go! U.S. Supreme Court Backs Copyright Protection for Cheerleading Uniforms
March 28, 2017 | Blog | By Susan Neuberger Weller
In a decision that may have broader implications in the U.S. fashion industry, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc. (No. 15-866) ruled that the decorative elements on a cheerleading uniform can fall within the scope of articles protectable by copyright.
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Reexamination of "Healthy" Continues with an FDA Public Meeting in March 2017
February 20, 2017 | Blog | By Fatema Ghasletwala
As we've previously reported, FDA has signaled its interest in reviewing the scope and meaning of the nutrient content claim “healthy,” in part as result of a dispute with KIND LLC about label claims for its KIND Bar products.
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CPSC Begins Transition: Ann Marie Buerkle is Now the Acting Chairman of the Agency
February 9, 2017 | Blog
This morning it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the chairmanship from Elliot Kaye to Ann Marie Buerkle, but we have confirmed the change in leadership with multiple sources inside the agency.
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Cosmetics Reform Activity Begins in the 115th Congress
January 26, 2017 | Blog | By Fatema Ghasletwala
As we have discussed in previous posts, Congress may be moving towards finally enacting some long-awaited cosmetics reform legislation this year. On January 13, Representative Pete Sessions (R-TX) reintroduced his cosmetics modernization bill as H.R.575.
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False Labeling Lawsuits Get Hung Up On Faulty Damages Models
January 16, 2017 | Blog | By Joanne Hawana
Some of our colleagues from Mintz Levin’s Class Action Practice, Joshua Briones, Crystal Lopez, and Grace Rosales, recently authored an interesting and timely article in the Bloomberg BNA Product Safety & Liability Reporter.
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FDA Finalizes Tobacco Product Intended Use Rules, Under a Risk of Rescission by Congress
January 12, 2017 | Blog | By Benjamin Zegarelli
As we've previously written about, 2016 represented a regulatory sea change for manufacturers, distributors, and retailers of e-cigarettes and other electronic nicotine delivery systems (ENDS), who became subject to FDA oversight and requirements under the May 2016 Deeming Rule for tobacco products.
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"Extra Sweet Pink Flesh Pineapple" - Oh My!
December 18, 2016 | Blog | By Joanne Hawana
First off, I will admit that I am somewhat of a sucker for fresh pineapple (in fact, it was my "gorging" food of choice during my pregnancies, when I could literally eat a whole pineapple in one sitting - which is embarrassing but, in my opinion, better than cravings for weird combinations like ice cream and pickles!).
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FDA Increases Transparency of Adverse Event Data for Cosmetics and Foods
December 15, 2016 | Blog | By Fatema Ghasletwala
On December 6th, FDA announced that it is publicly releasing data received by the Agency’s Center for Food Safety and Applied Nutrition (CFSAN) about adverse events related to cosmetics and foods, including both conventional foods and dietary supplements.
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What You Need to Know Before Considering Selling Your Craft Brewery to a Macrobrewer or a Private Equity Firm
December 7, 2016 | Article | By Jeremy Glaser
Recently, there have been a number of sales of well-known and well-respected craft breweries to the major beer producers. In addition, there have been a smaller number of sales of craft breweries to private equity investors. Is one type of buyer better than the other from the perspective of the selling brewery?
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BREAKING: COURT RULES POSITIVELY FOR CPSC IN FEDERAL CIVIL PENALTY CASE AGAINST SPECTRUM BRANDS
November 18, 2016 | Blog
We do not get many court decisions in the CPSC world, but yesterday we received one. Last evening, a Wisconsin federal district court essentially held in the Government’s case against Spectrum Brands, Inc.
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FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs
November 15, 2016 | Blog | By Joanne Hawana
We reported a few weeks ago about a new warning from FDA related to the safety of certain teething-related, non-prescription homeopathic drug products, and in that post we mentioned that both FDA and the Federal Trade Commission (FTC) held public workshops in 2015 to gather information about this uniquely-regulated class of consumer products.
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With the passage of Proposition 67, the question is "Would you like paper or…paper?"
November 15, 2016 | Blog
On November 8, 2016, California voters approved Proposition 67, the statewide ban on carry-out plastic bags, by 52 percent. At the same time, California voters rejected Proposition 65 by 55 percent--a measure that would have sent the proceeds from sales of paper bags and reusable bags to environmental causes.
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CPSC in a Post-Election Government: Restraint and Moderation Are Required by All Sides
November 11, 2016 | Blog | By Charles Samuels
We have had a huge election result, perhaps the most significant in our lifetime, potentially even exceeding what was called the Reagan Revolution.
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Counterfeit Products Are Often Unsafe Products - More Reasons to Aggressively Police Infringement of Your Trademarks and Trade Dress
October 25, 2016 | Blog | By Joanne Hawana
Our colleagues in Mintz Levin's Intellectual Property Practice, Aarti Shah and James Wodarski, recently authored an expert analysis piece in Law360 that examined the use of the U.S. International Trade Commission (ITC) to combat a rising tide of counterfeits and knockoffs in all kinds of consumer product industries.
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Coming Soon to a Lawbook Near You - New Cosmetic Requirements
October 21, 2016 | Blog | By Fatema Ghasletwala
Back in April 2015, Senators Dianne Feinstein (D-CA) and Susan Collins (R-ME) introduced the Personal Care Products Safety Act (S.1014). More recently, on September 22, 2016, the Senate Health, Education, Labor, and Pensions Committee received testimony from Senators Feinstein and Collins in support of this bipartisan legislation.
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Stuck in the Middle with the FTC
October 19, 2016 | Blog | By Daniel Herling
Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings.
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Homeopathic Products Under Renewed Scrutiny Following FDA's Consumer Warnings
October 17, 2016 | Blog | By Joanne Hawana
Last week, following up on a more general warning issued on September 30, FDA alerted the public that it had received at least 10 reports of baby deaths associated with the use of homeopathic teething products, as well as over 400 other adverse event reports over the past six years (since a 2010 consumer alert about certain ingredients in the same products).
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Moving on From "Natural," FDA Seeks Comments on What It Means to Be a "Healthy" Food
October 13, 2016 | Blog | By Joanne Hawana
As it signaled it would be doing earlier this year, FDA has initiated a public process to redefine the implied nutrient content claim “healthy” when it is used on food labels and labeling.
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California Prop 65: More Unintended Consequences
October 11, 2016 | Blog | By Daniel Herling
Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning requirements that become effective, after an approximately two-year phase-in period, in August 2018.
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