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  • Article

    Productwise 3-2-1 - April 2021

    Here's the next edition of our monthly bite-sized digest, Productwise 3-2-1 where each month, we'll be bringing to the top of your inbox.
    United StatesConsumer Protection
    Cooley LLP
    Cooley LLP
  • Article

    Proposition 65 In 2026: Key Enforcement Trends

    The proliferation of Prop 65 enforcement continues in California. Private enforcers have issued over 2,600 notices of violation to date in 2026, while food, personal care, and apparel companies remain the primary enforcement targets.
    United StatesConsumer Protection
    Greenberg Traurig
    Greenberg Traurig
Article

Recovery For Medical Expenses When A Plaintiff With Medical Insurance Opts To Treat On A Lien Basis

One of the items an insurance adjuster will look at when valuing a product liability claim is to see how much the plaintiff incurred in medical expenses and medical bills after the accident.
United StatesConsumer Protection
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Seventh Circuit Limits Scope Of Federal Trade Commission's Enforcement Authority

    The Seventh Circuit issued a decision recently that eliminates an enforcement tool long used by the Federal Trade Commission ("FTC")—the ability to obtain equitable monetary relief from defendants
    United StatesConsumer Protection
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Southern District Of Illinois Court Denies "Bare Metal Defense," Applying Maritime Law

    Ingersoll-Rand argued that it is not liable for injuries caused by products it did not manufacture or distribute and that "it is undeniable that a metal valve does not contain or give off any asbestos dust or asbestos fibers."
    United StatesConsumer Protection
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Supreme Court Clarifies Specific Jurisdiction And Ends Forum Shopping Spree

    The Supreme Court has put an end to a jurisdictional contrivance used by the plaintiffs' bar to shop for a friendly state forum, even if neither the plaintiff, nor the defendant, nor the actionable conduct...
    United StatesConsumer Protection
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The CPSC Is Now Publicly Posting "Letters Of Advice" To Its Website

    In his keynote address at the annual conference of the International Consumer Product Health & Safety Organization, Acting Chairman Adler announced that the CPSC had recently started posting what it calls "letters of advice" to its website.
    United StatesConsumer Protection
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Tincher Returns To Blow Away Some Of Its Own Smoke

    In Tincher v. Omega Flex, Inc., 104 A. 2d 328 (Pa. 2014), the Pennsylvania Supreme Court cast aside more than 35 years of precedent when it reformulated the standards determining the circumstances ...
    United StatesConsumer Protection
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    WDNY Holds That Tysabri Warnings Are Adequate As Matter Of Law And That Product Liability Claims Are Preempted

    However a drug/device product liability is styled, it will almost always be focused on a claim of failure to warn.
    United StatesConsumer Protection
    Reed Smith
    Reed Smith
  • Article

    Will The CPSC Provide Guidance For Compliance Programs?

    As the February 4th commenting deadline for CPSC’s voluntary remedial actions rulemaking approaches, many companies and trade associations are pondering not only the wisdom of CPSC’s insertion of compliance programs into voluntary recall negotiations, but also how those compliance programs might evolve and take shape moving forward.
    United StatesConsumer Protection
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Heightened California Compliance Obligations For Cosmetic Companies On The Horizon

    Companies and individuals who manufacture or market cosmetics in California will soon be subject to heightened reporting obligations under the recently-enacted California Fragrance and Flavor Ingredient Right to Know Act.
    United StatesCorporate/Commercial Law
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    EPA Announces It Will Enforce Lead-Based Paint Safety Requirements Against Property Managers

    Under proposed revised EPA guidance announced on November 5, 2021, Property Management Companies (PMCs) may be subject to EPA enforcement under the Toxic Substances Control Act (TSCA)...
    United StatesEnvironment
    Brown Rudnick LLP
    Brown Rudnick LLP
  • Article

    New York Bans Animal Testing On Cosmetics

    On January 1, 2023, New York became the tenth state to ban the sale of cosmetics tested on animals.
    United StatesEnvironment
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Attention Food Importers: New FDA Final Rule On Foreign Supplier Verification Programs

    On November 13, 2015, the FDA finalized its rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Breaking News – Supreme Court Takes BMS Personal Jurisdiction Case

    The United States Supreme Court today granted certiorari in Bristol-Myers Squibb Co. v. Superior Court. Here is a link to the order. The California Supreme Court decision in this case was our worst case for all of 2016. Here is our description of what the Supreme Court has just agreed to review:
    United StatesFood, Drugs, Healthcare, Life Sciences
    Reed Smith
    Reed Smith
  • Article

    Enforcement Updates - Issue 12 | August 2014

    Recent food recalls primarily involved microbial or other contaminations.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Jones Day
    Jones Day
  • Article

    Enforcement Updates - Issue 15 | October 2014

    Recent food recalls involved microbial contaminations, undeclared allergens, and inspection and storage temperature failures.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Jones Day
    Jones Day
  • Article

    Enforcement Updates - Pharmaceutical & Medical Device Regulatory Update, Issue 11

    FDA announced two voluntary, company-initiated recalls. The first recall was from a compounding pharmacy recalling all nonexpired sterile drug preparations.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Jones Day
    Jones Day
  • Article

    FDA's Draft Guidance On Cosmetics Registration And Listing: A Good Reminder Of End-of-Year Deadlines

    Earlier this month, in a step toward implementing the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), FDA issued a draft guidance document titled "Registration and Listing of Cosmetic Product Facilities and Products: Guidance for Industry."
    United StatesFood, Drugs, Healthcare, Life Sciences
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    FDA Approves First Over-the-Counter Daily Oral Contraceptive

    On July 13, 2023, the Food and Drug Administration ("FDA") approved the first daily contraceptive for use without a prescription. Opill® (norgestrel) tablet...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Sheppard
    Sheppard
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