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FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs
November 15, 2016| Blog|
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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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|
Moving on From "Natural," FDA Seeks Comments on What It Means to Be a "Healthy" Food
October 13, 2016| Blog|
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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CPSC Sends Another Shot Across the Bow of Retailers with $3.8 Million Civil Penalty Against Best Buy for the Sale of Recalled Products
October 6, 2016 | Blog
On Tuesday, the U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc. entered into a settlement agreement with the CPSC to pay a $3.8 million civil penalty to resolve allegations that it “knowingly sold, offered for sale, and distributed in commerce recalled consumer products.”
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Administration’s Biotechnology Working Group Updates Coordinated Framework & Unveils National Strategy
September 21, 2016 | Blog | By Sam Rothbloom
After launching with an ambitious agenda fourteen months ago (as we wrote about here), last Friday the Obama Administration announced that its Biotechnology Working Group had completed its two main tasks.
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Hot CPSC Jurisdictional Issues: Does the CPSC Have Regulatory Authority Over Amusement Park Rides and Guns?
August 11, 2016 | Blog
In the wake of two tragic amusement park ride accidents in Kansas and Tennessee, and the ongoing political debate in America over gun safety issues, we felt it timely to help answer a question that continues to be asked in the media: does the U.S. Consumer Product Safety Commission (CPSC) have the authority to address the safety of amusement park rides and guns?
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E-Cigarette Makers Contending with New CPSC and FDA Regulations
August 1, 2016| Blog|
CPSC Chairman Kaye and Commissioner Adler: Current Civil Penalties Approach Works
July 21, 2016 | Blog
Yesterday, CPSC Chairman Elliot Kaye and Commissioner Robert Adler issued a lengthy joint statement vigorously defending the Commission’s current approach to civil penalties against various criticisms voiced by Commissioners Joe Mohorovic and Ann Marie Buerkle as well as stakeholders in the business community.
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Eighth Circuit Issues Decision Significant for All Executives of FDA-Regulated Businesses
July 12, 2016 | Blog | By Russell Kott
On July 6, 2016, the Eighth Circuit Court of Appeals issued its ruling in United States v. DeCoster, in which it upheld prison sentences for two executives under the “responsible corporate officer” (RCO) doctrine of liability, also called the Park doctrine, for their role in introducing into interstate commerce eggs that had been adulterated with Salmonella.
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Senate Passes Bill Requiring Labeling for Genetically Engineered Foods
July 11, 2016 | Blog | By Sam Rothbloom
Four months after the Senate defeated a GE labeling bill (S.2609) introduced by Agriculture Committee Chairman Pat Roberts (R-KS), the upper chamber Thursday night passed, 63-30, a compromise measure (S. 764) that Roberts co-wrote with Senator Debbie Stabenow (D-MI), the Ag Committee’s Ranking Member.
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Chuck Samuels, Mintz’s Product Safety Regulatory Co-Chair, Provides Testimony to CPSC at Annual Priorities Hearing
July 6, 2016 | Blog
On June 15, Chuck Samuels, Co-Chair of Mintz Levin’s Consumer Product Safety Regulatory Practice Group, provided testimony to the U.S. Consumer Product Safety Commission (CPSC) at the Commission’s Meeting on its Agenda and Priorities for FY 2017 and 2018.
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Massive CPSC Recall Leaked to the Press by "CPSC Source" Prior to Official Agency Announcement
June 28, 2016 | Blog
Today the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada announced a massive joint recall with IKEA involving over 35 million pieces of furniture that can pose a tip over hazard to small children.
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The Last Set of Major FSMA Regulations Are Done!
June 17, 2016| Blog|
CPSC Civil Penalties: A Divide Along Party Lines
June 15, 2016 | Blog
This past March, while speaking at a Consumer Federation of America luncheon, U.S. Consumer Product Safety Commission Chairman Elliot Kaye stated that he “was pleased to announce” that the agency had secured a $15.45 million civil penalty.
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Viewpoint Editors
Joanne S. Hawana
Member
Daniel J. Herling
Member / Co-chair, Product Liability Practice
Charles A. Samuels
Member / Co-chair, Retail and Consumer Products
Evelyn French
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