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ARTICLE · 10 OCTOBER 2016

Product Liability Update: October 2016

In Demmler v. ACH Food Companies, Civil No. 15-13556-LTS (D. Mass June 9, 2016), plaintiff sued a food product manufacturer individually and on behalf of a putative class of Massachusetts purchasers.

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Foley Hoag's Product Liability Update is a quarterly update concerning developments in product liability and related law of interest to product manufacturers and sellers. 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 Federal Court Dismisses Putative Class Action Because Defendant's Unconditional Checks For Named Plaintiff's Maximum Damages, Even Though Uncashed, Mooted Suit
  • First Circuit Holds Consumer Protection Claims Based On Dietary Supplement Label Asserting Vitamin E "Supports Heart Health" Not Preempted by Food, Drug and Cosmetics Act Because Conflicting Studies Cited In Complaint Plausibly Demonstrated Unqualified Label Could Be Misleading

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