Extended Producer Responsibility (EPR) laws continue to proliferate in the United States, presenting significant operational challenges for consumer packaged goods companies. Earlier in 2024, Minnesota became the sixth state to enact a broad packaging EPR law, joining California, Colorado, Maine, Oregon, and Maryland in the emerging trend of states imposing responsibility for end-of-life management for
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5 Trends to Watch: 2024 Products Liability & Mass Torts
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Consumer Product Safety Commission Proposes First Safety Requirements for Nursing Pillows
September is Baby Safety Month, and this GT Alert highlights the most recent development in baby safety – the Consumer Product Safety Commission (CPSC)’s Aug. 23 notice of proposed rulemaking (NPRM) regarding nursing pillows. Nursing pillows, which assist in correctly positioning babies for breastfeeding and alleviating strain for parents, are regularly featured on baby…
Trademark Owner Liable to Consumer for Product Defect, European Court of Justice Rules
A case that originated in Finland concerned liability for a defective product and the concept of “producer” under EU trademark law. A coffee machine (the Philips Saeco Xsmall HD8743/11) manufactured by Saeco, a Romanian subsidiary of Philips, caught fire. The machine contained trademarks of both Saeco and Philips. The unlucky consumer that got a fire…
Strategies for Defending Issue Class Actions
Historically, plaintiffs seeking monetary damages and wishing to pursue their case as a class action have sought certification under Federal Rule of Civil Procedure 23(b)(3), but this has become increasingly difficult. In recent years, there has therefore been a rise in the invocation of Rule 23(c)(4) at the class certification stage, often as an alternative…
Before Making Pandemic Response Products, Consider Environmental Regulations
Yesterday, March 26, 2020, the U.S. Environmental Protection Agency (EPA) published a memorandum titled COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program. This guidance comes at a time when the Coronavirus Disease 2019 (COVID-19) has upended ‘business as usual’ throughout the country and the world. Consumers empty shelves of hand sanitizer, health care…
FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims
On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the prevention or treatment of the Coronavirus Disease 2019 (COVID-19). In addition to issuing the joint warning letters, the FDA issued a press release announcing the…
Hard, Hazy and Maybe Healthy—With a Chance of Liability and Litigation
A few different trends have emerged over the past year or so in the field of craft beer, and in related industries. Indeed, the alcoholic beverage landscape looks much different as we enter 2020 than it did at the beginning of last decade. Hazy IPAs have surged in popularity, as have hard seltzers. Breweries have…
State of California Passes Law Limiting Sugary Drinks Offered in Children’s Meals
On Jan. 1, 2019, a new law aiming to limit children’s intake of sugary beverages became effective. California Governor Gavin Newsom signed the “Children’s Meals” law on Sept. 20, 2018, in an effort to combat the rising obesity rate in California, which increased 250 percent between 1990 and 2016. The Children’s Meals law modifies the…
VA Supreme Court Adopts Take Home Asbestos Liability Exposure
On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should have…