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ARTICLE · 06 DECEMBER 2019

Product Liability Update: November 2019

Product Liability Update: November 2019.

United StatesConsumer Protection

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New York and New Jersey. If you find this update useful, please encourage your colleagues and contacts to also register with us on our Web site. As always, you can access all of our publications at www.foleyhoag.com.

Included in this Issue:

MASSACHUSETTS

  • First Circuit Holds Plaintiff Adequately Alleges Deceptive Practices Claim For No-Hazelnut Coffee Labeled "Hazelnut Créme" Despite Ingredient List Excluding Hazelnuts And Mentioning Artificial Flavors, Allegation Of Deception On Purchase Sufficiently Particular As Exact Date And Location Not Needed For Defendant To Respond, And Claim Not Preempted by Food, Drug & Cosmetic Act As Plaintiff Alleged FDCA Violation That Independently Violated State Law

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