We previously posted about the case Paz v. AG Adriano Goldschmied, in which the Southern District of California denied a motion to dismiss a complaint alleging violations of California’s “Made in the USA” standard. In denying the motion,
January 2015
Class certified in EZ Seed case in New York and California
Early this week, Judge Vincent Briccetti in the Southern District of New York certified classes of consumers in New York and California who purchased the product Scotts Turf Builder EZ Seed. In re Scotts EZ Seed Litigation.
The …
Update: OEHHA issues new proposed Prop 65 warning regulations
Updating our prior post, California’s Office of Environmental Health Hazard Assessment issued new proposed regulations on clear and reasonable warnings for Proposition 65. This proposed regulation follows March and September drafts that were subject to public and stakeholder input.
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The mysterious world of Prop 65, part 6: The private plaintiffs
When Prop 65 passed by voter initiative in 1986, the public undoubtedly hoped it would provide greater protections to consumers by warning them of potential exposure to chemicals. It is unlikely they envisioned Prop 65 becoming what it is today:…
Delaware expects retailers with unclaimed gift card balances to pay up
Gift card statutes governing expiration dates and inactivity fees already pose cumbersome regulations for retailers. But gift card sellers should be wary of another source of regulation: state escheatment laws.
In the ongoing case State of Delaware ex rel. French …
The mysterious world of Prop 65, part 5: The notice
The infamous “60-day Notice” is the smoke before the Prop 65 fire. A 60-day Notice is often followed by a settlement demand, and then a complaint if you don’t settle the claims within the notice period.
The 60-day
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Ninth Circuit says plaintiff naysaying not enough to challenge CAFA removal
The Ninth Circuit recently interpreted the Supreme Court’s newly minted decision in Dart Cherokee Basin Operating Co., LLC v. Owens, holding that plaintiffs seeking remand of actions removed to federal court pursuant to the Class Action Fairness Act must…
California AG fowls out on foie gras ban
Restaurants across California may no longer need to find creative ways to put foie gras on their menus, as a California federal court has ruled that federal law preempts California’s ban on the sale of the delicacy and enjoined the…
CPSC proposes rule to ban additional phthalates
The US Consumer Product Safety Commission has issued a notice of proposed rulemaking to expand the ban on phthalates in Section 108 of the Consumer Product Safety Improvement Act.
The CPSIA Section 108 ban on certain phthalates
Currently, Section 108…
Quick update: CA Consumer Product Emissions Survey Portal opens
The data submission portal for the California Air Resources Board Consumer Products Survey is now open.
In connection with the portal opening, ARB has posted a number of helpful video modules that walk through the submission process.
https://www.youtube.com/watch?v=LEoFR3-E5OE&list=PLSOs1pufasEYO_PaIOAjfxbgc7llBj-Be
The Board…