Last month, the Seventh Circuit further added to the tension between the circuits regarding the interpretation and application of Rule 23(f)’s shadow ascertainability requirement. As we previously reported, we await a ruling in the Ninth Circuit on this issue;
2015
Transaction declined: are you ready for credit card chips?
By October 1, 2015, many people in the U.S. who use credit cards will likely notice changes when they pay for purchases at retail stores. The reason for the change is the “EMV liability shift” scheduled to occur on October…
UPDATE: Bill to Amend California’s “Made in USA” Law on to Governor’s Desk
Yesterday, the California Senate voted unanimously to approve amendments made in the Assembly to SB 633. Now, SB 633 will move to Governor Brown for his approval. For more detail, check out our recent posts about pending legislation in…
California to open rulemaking into Prop 65 lead levels
In response to a petition from the Center for Environmental, the California Office of Environmental Health Hazard Assessment will initiate a rulemaking to update the current 0.5 µg/day safe harbor level for lead. The implications are huge, as years of…
UPDATE: Bill to amend California’s “Made in USA” law gets one step closer to becoming law
Following up on our recent post about two bills pending in the California legislature that would amend California’s “Made in USA” law—yesterday the Assembly passed SB 633. Next, SB 633 will be sent back to the Senate for…
Changes coming to California’s “Made in USA” law?
California’s “Made in the USA” law imposes strict standards on when products may be labeled “Made in the USA.” This strict standard has resulted in recent litigation against companies whose products allegedly contain some (albeit relatively minor) foreign components. But,…
Court rules California “Made In USA” claims not actionable if only on product websites
We have been following California’s “Made in the USA” standard and recent cases interpreting it. While courts so far have been reluctant to dismiss claims at the pleading stage, last week a federal judge dismissed a class action claiming Lands’…
Now that you have done the survey, don’t forget the VOC limits….
With the data demands of the California Air Resources Board Consumer Products Survey, it can be easy to miss the forest for the trees. The real concern if you are a manufacturer, importer, or private labeler of consumer products…
Supreme Court will determine whether class action plaintiffs can be bought off
The Supreme Court has granted cert to decide whether or not class action defendants can make the claims of named plaintiffs invalid by offering early settlements.
This practice, known as “mooting” an action or the “pick-off” strategy, occurs when, prior…
Just when you thought you were out…2014 consumer products survey launches July 1
For many of you, responding to the 2013 California Air Resources Board consumer products survey was a real challenge. Unfortunately, the Board doesn’t plan to give you much time to recover from the trauma. The 2014 survey data entry
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