As we previously posted in “All natural: FDA silence continues to create problems for false advertising defendants”, the Food and Drug Administration’s failure to provide a definition of what a “natural” ingredient is makes it difficult for companies defending
After a series of false starts, Washington’s mercury-containing lights product stewardship law will take effect on January 1, 2015.
Under the law, all mercury-containing lights sold in the state of Washington must include a product stewardship fee to finance
As 2014 draws to a close, we see that Section 15(b)’s reporting requirement continues to be a powerful tool for CPSC to punish companies who manufacture, distribute, or sell products that are ultimately recalled. In 2014, CPSC entered into six
To the average person in California, if they know anything about Proposition 65 at all, it is usually because they have a seen a warning sign in a bar or at a store. In most instances, after seeing the sign
If you are reading this blog, at some point, you have probably encountered what many consider to be the most vexing of all of California’s laws: Proposition 65.
While Proposition 65 appears relatively simple and straightforward―“No person in the course
On November 25, 2014, just in time for Thanksgiving, Judge Bryan Foster in San Bernardino Superior Court tentatively entered a judgment in favor of Green Pharmaceuticals, following a week-long bench trial.
The case, filed on June 28, 2011 by
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
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
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
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