California’s Governor Jerry Brown signed the nation’s first state plastic bag ban into law on September 30, 2014. The law prohibits “stores”—supermarkets, groceries, retail stores that sell food or contain pharmacies, and convenience stores that also sell liquor—from providing single-use
September 2014
California closely scrutinizes “Made in the USA” claims
Labeling products as “Made in the USA” has seen increased popularity recently, as retailers and manufacturers attempt to capitalize on consumers’ desire to support domestic jobs and US-made goods. Despite the seeming cachet of these statements, they may open companies…
Pom Wonderful ditches appeal of state law preemption ruling
OEHHA signals reforms to Proposition 65 regulations
In the wake of the Governor Brown’s failed effort to get substantive Proposition 65 reform, the California Office of Environmental Health Hazard Assert (OEHHA) signaled that it is still interested in reforming the law by revising the regulations under…
Breadth of primary jurisdiction expanded in class actions
The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as…
California issues draft three-year work plan for green chemistry
On September 12, 2014, DTSC issued its draft three-year Priority Product Work Plan. The Plan outlines the types of products the Department will look at over the next three years for new product-chemical combinations to be added to the Priority…
Welcome to Norton Rose Fulbright’s Consumer products law blog
We are excited to announce the launch of the consumer products law blog, which will concentrate on legal issues impacting the consumer products industry. The blog will cover a wide range of consumer products topics, including:
- Product safety and regulatory
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Proposition 65 listed chemical update
Here is the latest roundup of Proposition 65 chemical issues looming on the horizon for consumer products:
Newly Listed Chemicals:
- N,N-Dimethyl-p-Toluidine, CAS No. 99-97-8, component of artificial fingernail preparations, intermediate in dye and pesticide synthesis, May 2, 2014
- Pulegone
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Failure to define “natural” stops pretzel case false advertising claims at the pleading stage
A Northern District Court recently told plaintiff’s counsel that merely alleging that a product contains ingredients that are not “natural”, without supplying any objective definition of natural, will not allow such claims to move past the pleading stage.
On August…
FTC and presumption of consumer reliance
Question: What’s the difference between $600,000 and $14 million in a contempt action? Answer: Presumption of consumer reliance, according to the Second Circuit Court of Appeals in Federal Trade Commission v. BlueHippo Funding, LLC.
The case began in 2003,…