April 15, 2016 | Blog
On March 25, 2016, Administrative Law Judge Dean Metry found that the U.S. Consumer Product Safety Commission ("CPSC") case counsel did not prove that high powered, small rare earth magnets (“SREMs”) (1) are defective as sold by Zen Magnets ("Zen"); and (2) constitute a substantial product hazard when sold with appropriate warnings, including proper age recommendations (click here for decision and order).
April 14, 2016 | Blog | By Sam Rothbloom
Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA).
April 8, 2016 | Blog | By Joanne Hawana
It seems as though 2016 may become the year that industry receives a plethora of helpful interactive portals from Federal Agencies.
March 29, 2016 | Blog | By Sam Rothbloom
In the wake of the Senate’s defeat of legislation that would have preempted state-mandated GE ingredient labeling on food products, a new trend is emerging, as one food manufacturer after another announces that they will voluntarily label bioengineered ingredients contained in their national food product lines.
March 26, 2016 | Blog | By Richard Maidman
The potential pitfalls of native advertising were on display this month at the Federal Trade Commission (FTC). The agency reported that national retailer Lord & Taylor settled with it on charges that the company improperly paid for native advertisements.
March 25, 2016 | Blog
This morning, the U.S. Consumer Product Safety Commission (CPSC) announced that it has obtained a record-breaking $15.45 million civil penalty in a settlement agreement with Gree Electric Appliances of China, Hong Kong Gree Electric Appliances Sales Co. of Hong Kong, and Gree USA Sales of California (Gree) over dehumidifiers sold under 13 different brand names.
Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets
March 23, 2016 | Blog
There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets.
March 22, 2016 | Blog | By Lyzzette Bullock
Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as "all natural" and "plant-based" when they supposedly contain synthetic ingredients.The Honest Company sells personal care, cleaning, and baby products in multiple channels including at retail, online and through consumer subscriptions.
March 17, 2016 | Blog | By Joanne Hawana
In case you hadn’t heard about it or didn’t get involved in any of the events hosted by various campaign members, the week of March 6-12 was National Consumer Protection Week.
Health Canada Assesses Monetary Penalties against Company under Canadian Product Safety Act for First Time
March 14, 2016 | Blog | By Charles Samuels
On March 11, Health Canada announced that it had assessed administrative monetary penalties under the Canada Consumer Product Safety Act (CCPSA) against company Orange TKO Industries (Orange TKO or the Company) of Calgary.
Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain
March 7, 2016 | Blog | By Lyzzette Bullock
We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act. In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was “obligated to inform consumers that some proportion of its cat food products may include seafood which was sourced from forced labor.”
February 28, 2016 | Blog | By Joanne Hawana
After hosting the first of three stakeholder meetings late last year, federal government agencies engaged in overhauling the 1986 Coordinated Framework for the Regulation of Biotechnology recently announced that meetings two and three will take place on March 9 and March 30 in Dallas, Texas and Davis, California, respectively.
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.
February 24, 2016 | Blog | By Charles Samuels
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).
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.
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.
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.
CPSC Public Database: An Important 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims Can Easily be Overlooked
February 9, 2016 | Blog | By Matthew Howsare
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”).
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.
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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