On Wednesday, the FDA issued guidance on the use of the phrase “evaporated cane juice” in order to “enhance consumers’ ability to make informed choices among sweeteners by promoting accurate and consistent labeling.” In an opinion that will have far-reaching
2016
FTC aims to modernize warranty requirements
The FTC has recently proposed amendments to the Disclosure Rule and Pre-Sale Availability Rule it issued under the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products. These amendments come in response to the E-Warranty Act of 2015…
Update: OEHHA issues revised Prop 65 warning regulations
On May 16, OEHHA issued its fifth iteration of the revised Proposition 65 warning regulations. As these changes largely seek to clarify existing language in the proposed regulations since the prior revision in March, we have a pretty good idea…
Southern District of California rejects medical sling class bid
Sometimes, although it seems like not very often, California courts do find that consumer fraud cases are not appropriate for class certification. Take, for example, the decision that came down last week out of the Southern District of California.
In…
DC Consumer Protection Procedures Act claims worth less than previously thought
Washington, DC’s Consumer Protection Procedures Act allows plaintiffs to recover “treble damages, or $1,500 per violation, whichever is greater” for a broad range of trade related violations, including false advertising, breach of warranty, and false representations regarding repairs. Because…
Chobani motion to dismiss unceremoniously vacated
Last month, the Ninth Circuit, in an opinion scant on explanation, vacated the order of Judge Koh in the Northern District of California dismissing false advertising class action claims Chobani, LLC, the maker of Chobani Greek Yogurt.
The class…
UPDATE: Pom Wonderful victory proves Pyhrric
In 2014, Pom Wonderful made headlines when the Supreme Court, in an 8-0 opinion, ruled in its favor that the Food, Drug and Cosmetics Act does not preclude Lanham Act claims due to conflict between the two statutes. This…
MRSL: A new standard for chemical management
We are pleased to welcome guest blogger and BLC Leather Technology Centre’s chemical and regulatory advisor, Georgina Mawer, to Consumer Products Law Blog. Georgina focus on product safety assessments, including guidance on chemical testing and analysis, as well as research…
What makes for a $15 million CPSC penalty?
CPSC just announced a record $15.4 million civil penalty settlement with Gree, manufacturers of dehumidifiers widely sold throughout the United States. While the magnitude of this blockbuster settlement makes it newsworthy, what it tells us about CPSC’s perspective on enforcement…
WARNING! Beta-myrcene goes live March 27
On March 27, 2015, the Office of Environmental Health Hazard Assessment added beta-myrcene to the California Proposition 65 chemical list. Under Proposition 65, products containing newly listed chemicals require a warning starting 12 months after the listing. As a result,…