Dan retired from Mintz in 2026. He was a product liability defense attorney.
viewpoints
Can a Consumer Plausibly Allege Your Product Labeling is False or Misleading Under California Law?
December 12, 2024 | Blog | By Paige Adaskaveg, Daniel Herling, Arameh Zargham O'Boyle, Sebastian Navarro
The following decisions provide useful guidance for crafting product labeling that is resilient to legal challenges brought under California’s consumer protection laws.
The AI Search Engine Doctor Is Always In: What Are the Regulatory and Legal Implications?
March 14, 2023 | Blog | By Benjamin Zegarelli, Daniel Herling
The information age in which we live is reaching a new milestone with the development and ready access to conversational artificial intelligence based on advanced transformer algorithms, or AI chatbots, including their upcoming integration into multiple Internet search engines. This development creates exciting opportunities and potentially terrifying risks in the health care space. Inevitably, people will ask AI chatbot-enabled search engines for information on diseases, conditions, medicines, or medical devices and use the response in some way to make certain medical decisions. But what happens when the AI chatbot’s response is inaccurate or even provides advice that may lead to harm if the user follows it? Can AI chatbots be regulated by the U.S. Food and Drug Administration (FDA)? What are the liability implications if a user is harmed? We provide some initial thoughts on such legal issues in this post.
Courts Being Used to Challenge Efficacy of Recalls
November 23, 2020 | Blog | By Daniel Herling
There’s a new class action trend consumer product companies need to be aware of that is not only causing additional stress when faced with a recall but also increased expense and adverse publicity.
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FDA Places Two Food Orders on Restaurants’ Tables
April 8, 2020 | Blog | By Daniel Herling
The food industry has been upended by the recent COVID-19 pandemic – restaurants and bars are scrambling to adjust to a new way of life after governors across America issued statewide “stay at home” orders in response to the coronavirus pandemic. Restaurants are now only permitted to serve take-out or drive-thru orders, and some restaurants have transformed themselves into neighborhood markets, or bodegas, selling food items not labeled for retail.
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Federal Government Provides Liability Immunity to Manufacturers and Distributors in Fight Against COVID-19: What Companies Need to Know
April 7, 2020 | Blog | By Brian Dunphy, Daniel Herling, Alain Mathieu
Over the past several weeks, the Firm has received a number inquiries from clients (on both coasts) who are interested in manufacturing or selling test kits, respirators, masks, and other PPE in response to the COVID-19 pandemic, with respect to potential liability risks associated with such activities.
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Do You Want Fries With That?
October 11, 2019 | Blog | By Daniel Herling
The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern District of California (Complaint) challenging Proposition 65 warnings for food that contain the chemical Acrylamide.
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Highlights of the FTC’s Workshop on Made in the USA Claims
October 3, 2019 | Blog | By Daniel Herling, Margaret Jewett
In Fleetwood Mac’s magnum opus, “Landslide,” Stevie Nicks croons, “Well, I’ve been ‘fraid of changin’ ‘cause I’ve built my life around you.” The FTC’s recent workshop on Made in the USA claims reveals a similar hesitancy to evolve, although panel discussions may presage altered approaches to enforcement of these claims. This workshop, held on September 26, consisted mainly of three panel discussions on various aspects of this issue.
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FTC Identifies Concerns With Plaintiff’s Lawyers Advertisements Concerning Risks Associated With Pharmaceutical Drugs
September 27, 2019 | Blog | By Daniel Herling
I suspect that we’ve all had this experience. You’ve finished a long day of work, had dinner, and have cozied up on the couch with a glass of wine to watch a re-run of your favorite TV show. The show goes to commercial and all of a sudden, plastered across your screen, there is an “important consumer alert” concerning the alleged dangers of a particular prescription drug and that “if you or a loved one have been injured” to contact this law firm.
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CA Prop 65 Coffee Issues Still Brewing
September 4, 2018 | Blog | By Daniel Herling
As has been widely reported, in May 2018, a Los Angeles Superior Court judge ruled that Prop 65 warning labels are required to be placed on “ready-to-drink” coffee products. Acrylamide, a Prop 65 listed chemical that allegedly is a carcinogen, forms during the coffee roasting process.
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California Supreme Court Ends Glyphosate Debate, for the Time Being
August 20, 2018 | Blog | By Daniel Herling
One week after a San Francisco jury decided against Monsanto and awarded a plaintiff $289 million due to the alleged exposure that caused his cancer, the California Supreme Court refused to hear any further challenges by Monsanto.
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News & Press
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
How Purging of Classes Could Cost Peloton Big
February 3, 2021|
In Growing Trend, Companies Being Whipsawed by Regulators and Courts
November 19, 2020|
INSIGHT: FDA Makes Three (Regulatory) Orders Helping Restaurants
April 23, 2020|
One Hundred Mintz Attorneys Ranked as Leaders by Best Lawyers 2020
August 15, 2019|
'Made In America' — What You Need To Know Now
August 10, 2017|
Prop 65: If it’s on the list, you mustn’t resist
March 24, 2017|
States step up when feds step down
February 23, 2017|
Will FDA Adverse Event Data Release Mean More Lawsuits?
January 18, 2017|
‘Tis the season to give someone a basket of processed meats
December 22, 2016|
Pop goes the regulation
November 17, 2016
Dan Herling is a Member of the San Francisco office whose practice is focused on product liability issues relating to consumer products. He recently authored this column for the California-based Daily Journal on regulation.
Less pepper than before? No slack for more slack-fill
October 28, 2016|
Dole Buyers Get Mixed Win In 9th Circ. Natural Label Ruling
October 3, 2016|
Mintz Achieves Denial of Class Certification for adidas America Inc.
September 9, 2016|
Plavix Ruling Cements Calif. As Center For Mass Torts
August 30, 2016|
Lawsuits challenge FDA e-cigarette rules
August 22, 2016|
Food Safety Regulations Will Affect California Tort Law
July 13, 2016|
Symantec Ruling Raises Bar For Consumer Fraud Claims
June 22, 2016|
Events & Speaking
Speaker
Speaker
Sep
16
2019
Product Responsibility Summit 2019
Promotional Products Association International
Alexandria, Virginia
Speaker
Speaker
May
4
2018
Speaker
Apr
4
2017
What Young Lawyers Need to Know When Looking For an Expert Witness
ABA Young Lawyers Subcommittee, Products Liability Committee
Speaker
Oct
25
2016
Panelist
Panelist
Apr
21
2016
The Fine Print Matters – Boilerplate Contract Clauses Through the Litigator’s Lens
Association of Corporate Counsel - San Diego Chapter
San Diego, CA
Speaker
Sep
30
2015
PPAI Product Responsibility Summit
Promotional Products Association International
Hyatt Regency Bethesda, MD
Speaker
Read less
Dec
3
2013
California Green Chemistry: What Retailers should Expect and Prepare for in 2014
Mintz Levin
Webinar
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