In March 2014, OEHHA began the rulemaking process to amend the Clear and Reasonable Warning requirements for California’s Proposition 65. The proposed changes caused a great deal of concern for manufacturers, distributors, and retailers doing business in California. On September
November 2014
Class claims certified for Hain Celestial Organic Cosmetics
Last week, Magistrate Judge Beeler in the Northern District of California certified a class of purchasers of cosmetics marketed as “organic” by The Hain Celestial Group, Inc.
In so doing, Judge Beeler weighed in on several hot spot issues for …
WARNING! This Post Contains Information on DINP and Proposition 65 in the State of California That May Help You Avoid a Lawsuit
On December 20, 2013, the Office of Environmental Health Hazard Assessment added the phthalate DINP to the California Proposition 65 chemical list. Under Proposition 65, products containing newly listed chemicals require a warning starting 12 months after the listing. For…
One plaintiff not enough to prove advertising likely to deceive reasonable consumers
It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they…
Unhappy Thanksgiving: Don’t let Maine children’s product reporting deadline spoil your turkey
Perhaps as a reminder to manufacturers and importers of just how difficult the winter of 1621 was for the pilgrims, the day after Thanksgiving is the reporting deadline for certain children’s products containing cadmium, mercury, or arsenic under the Maine
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Certification of damages class denied in “All Natural Fruit” false labeling suit
Updating our previous post, another federal district court has interpreted Comcast Corp. v. Behrend to require plaintiffs to demonstrate a viable “means of showing damages on a classwide basis through common proof,” and denied certification of a damages class…
Formula for Disaster: FTC sues Gerber for falsely advertising baby formula as “FDA Approved”
Last week the FTC sued Gerber Products Co., alleging that it has no basis for asserting that its Good Start Gentle baby formula reduces the risk of infant allergy development and that these health claims were falsely advertised as “FDA…
Jamba Juice class deemed ascertainable; Skinnygirl class is not
Federal courts continue their divide on ascertainability requirements for small-ticket items in the wake of Carrera v. Bayer.
Just recently, district courts in California and Illinois (neither of which are bound by Carrera), took opposite stances in applying…
UPDATE: California agency issues guidance on new furniture flammability labeling law
Updating our prior discussion on California’s new labeling law regarding flame retardants in furniture, the California Bureau of Electronics & Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) has issued industry guidance and an FAQ expressing the Bureau’s understanding of…