Topic: General

CA court shuts down website accessibility claims for online-only businesses

By Jeff Margulies (US) and Eva Yang (US) on October 13, 2022 Posted in General

The California Court of Appeal has issued a precedent-setting decision holding that the ADA does not apply to online-only businesses. The decision brings some much needed clarity for online-only businesses in California, although the federal courts are still split on whether websites that have no “nexus” to a physical location can be considered places of … Continue reading

California enacts PFAS prohibition for textiles

By Will Troutman (US), Jeff Margulies (US) and Ray Muro (US) on September 30, 2022 Posted in General

California Governor Gavin Newsom has signed AB 1817 into law, adding to the growing list of state legislation restricting the use of PFAS substances in a variety of consumer products. As of January 1, 2025, AB 1817 prohibits the manufacture, distribution, sale, or offer for sale in the state of “any new, not previously used, … Continue reading

US lamp saga continues with onset of 45 lpw rule

By Will Troutman (US) and Ray Muro (US) on May 23, 2022 Posted in General, Recent legislation and regulations

In a fitting continuation of the battle for light bulbs, the US Department of Energy recently finalized rules prohibiting the sale of most general use lamps with an efficiency rating of less than 45 lumens per watt (lpw)(for anyone new to the area, “lamp” in this context means what you typically think of as a “light … Continue reading

California issues second set of revisions to Prop 65 short form warning regulation

By Jeff Margulies (US), Will Troutman (US) and Eva Yang (US) on May 3, 2022 Posted in California Proposition 65, General

In the latest twist in California’s never-ending saga to amend the Proposition 65 “short-form” warning regulation, there’s now been a second proposed change. The California Office of Environmental Health Hazard Assessment (OEHHA) has been for some time attempting to limit the use of short form warnings, although encountering significant push back and concerns from the … Continue reading

Plaintiffs must actually intend to use services for website accessibility claims

By Jeff Margulies (US) and Eva Yang (US) on October 25, 2021 Posted in General, Recent consumer products case law

Businesses scored a win in a recent California Court of Appeal decision affirming a defense jury verdict in a website accessibility lawsuit. In Cheryl Thurston v. Omni Hotels Management Corp., the court held that for a plaintiff to prevail in such a claim, she must show a “bona fide intent” to actually use the defendant’s … Continue reading

Consumer products and IP (Part 6): deriving a copyright for consumer products

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on September 13, 2021 Posted in General

Although other forms of intellectual property tend to be most relevant to consumer product makers, copyright ownership is also an important consideration and can play a key role in product development and protection. Copyrights protect artistic works, and given the creativity that goes into product design, there are many aspects of a consumer product that can … Continue reading

Consumer products and IP (Part 5): the download on trademarks for consumer products

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on August 11, 2021 Posted in General

Given the influence trademarks have on consumer decisions, proactive strategies by consumer product companies can yield short- and long-term gains. Trademarks influence consumers by connecting a product to a company—a simple means to increase recognition and boost sales. But, ignoring competitor’s rights could lead to legal consequences, marketing limitations, and even seizure of infringing goods. What … Continue reading

Consumer products and IP (Part 4): demystifying the impact of trade secret misappropriation for consumer products

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on June 30, 2021 Posted in General

Trade secrets protect consumer product companies by preventing competitors from stealing unique knowledge. Rights under trade secret law cover valuable knowhow that is not publicly known. In enforcing their rights, companies can prevent the exchange of information, taking of documents, and even movement of employees. Not understanding when a trade secret is improperly acquired, used, or … Continue reading

How data privacy can affect consumer goods

By Will Troutman (US) on June 2, 2021 Posted in General

Check out this recent post on our NT Analyzer blog from my colleagues, Steve Roosa and Dan Rosenzweig, regarding data privacy impacts on the consumer markets/retail space. Steve and Dan will be featured tomorrow, June 3, at the International Association of Privacy Professionals Global Privacy Summit to discuss best practices in managing digital privacy risk, … Continue reading

Consumer products and IP (Part 3): the intersection between consumer products and design patents

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on May 25, 2021 Posted in General

Although utility patents are far-and-away the most common type of patents, design patents present additional options for protecting consumer products. These patents stop competitors from copying a product’s unique and inventive look and/or design. Recent decisions have granted significant infringement damages to patent owners—with one such case resulting in a $339 million verdict. (See Samsung Electronics … Continue reading

Consumer products and IP (Part 2): what’s a patent got to do with it?

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on May 20, 2021 Posted in General

Consumer product companies face unique exposure to utility patent infringement. Patents can impact multiple aspects of consumer products, from manufacturing and shipping to compositions and use. Active patent management strategies can help avoid liability while simultaneously protecting rights. Understanding these consequences and strategies can provide companies a legally-enforceable marketplace advantage. What is a utility patent? … Continue reading

Social media apps, CDA section 230, and products liability

By Will Troutman (US) and Susan Ross (US) on May 19, 2021 Posted in General

Earlier this month, we saw an eye-opening Ninth Circuit opinion regarding products liability theories applied to social media apps. In short, the Ninth Circuit held section 230 of the Communications Decency Act does not shield the owner of a social media app from liability for third party content when the dispute involves the design of … Continue reading

Consumer products and IP (Part 1): why it matters

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on May 17, 2021 Posted in General

Intellectual property (IP) rights can be a blessing and a curse for consumer product designers, manufacturers, and sellers. IP rights allow companies to protect their own creations, limit others from obtaining detrimental IP rights, provide licensing opportunities, and help deter legal challenges. But consumer products companies also face significant exposure to IP infringement claims in … Continue reading

FDA CBD enforcement continues under Biden

By Will Troutman (US), Mark Faccenda (US) and Katie Fragoso (US) on May 6, 2021 Posted in General

In the first few months of the Biden Administration, the Food and Drug Administration has continued to actively pursue companies marketing and selling CBD products in violation of the Federal Food, Drug and Cosmetic Act (the “FD&C Act”), picking up where the Trump administration left off. FDA’s recent efforts target products marketed as unapproved drugs … Continue reading

FDA presses pause on CBD enforcement guidance—for now

By Mark Faccenda (US), Will Troutman (US) and Katie Fragoso (US) on January 31, 2021 Posted in General

In the dawn of the new administration, the U.S. Food and Drug Administration (FDA) withdrew its “Cannabidiol Enforcement Policy,” a document that stakeholders had hoped would deliver long-overdue guidance on cannabidiol (CBD) regulations. The White House had completed its review of the document back in July, although no subsequent action followed, and the contents were … Continue reading

Stream-of-commerce considerations for consumer product patent infringement claims

By Tamsen Barrett (US), Thomas Orsak (US) and Sean Patrick McGinley (US) on December 15, 2020 Posted in General

An initial question a consumer product manufacturer or retailer should consider when sued for patent infringement is: does the court have personal jurisdiction? Determining whether a court has personal jurisdiction to hear a case can help avoid liability and dismiss a case early in the proceedings. This issue can present a difficult question for litigation … Continue reading

Breach of contracts and a social media gaming celebrity

By Will Troutman (US) and Eva Yang (US) on August 4, 2020 Posted in General, Recent consumer products case law

As more and more consumer markets brands turn to influencers and social media stars to promote their products, novel legal issues are bound to arise! Sue Ross and Eva Yang provide their analysis on a case recently litigated in the Southern District of New York that includes claims under California’s Talent Agency Act and the … Continue reading

Judge issues first ruling dismissing lawsuit for Braille on gift cards

By Jeff Margulies (US) and Eva Yang (US) on June 16, 2020 Posted in General

Earlier this year, we posted about the new wave of ADA claims that flooded the district courts in New York concerning Braille on gift cards (see Braille on gift cards: ADA accessibility issue or novel shakedown?) . Four months later, a judge in the Southern District of New York issued the first ruling to shut … Continue reading

Plans for reopening begin at state, federal level

By Jeff Margulies (US), Will Troutman (US) and Katie Fragoso (US) on April 17, 2020 Posted in Coronavirus, General

State coalitions forming In an effort to plan for reopening their economies, several states have announced regional collaboration efforts. This includes New York and six other Northeastern states, and California, Oregon, and Washington in the west. Earlier this week, California Governor Gavin Newsom outlined a framework to reopen the western economies, predicated on six key indicators:… Continue reading

Los Angeles orders workers and customers to wear face coverings

By Will Troutman (US), Jeff Margulies (US) and Katie Fragoso (US) on April 8, 2020 Posted in Coronavirus, General

We are continuing to track state and local restrictions, updated daily, here. In a sign of things that may be coming nationally, Los Angeles Mayor Eric Garcetti has issued an “emergency order” requiring employees of “Essential Businesses” to wear face coverings. The order also requires customers visiting such businesses to wear face coverings, at the … Continue reading

State “stay at home” orders now in 30 states

By Will Troutman (US) and Jeff Margulies (US) on March 30, 2020 Posted in Coronavirus, General

What seemed like a novel and crazy idea a little over a week ago has now become the majority approach to “flattening the curve” in the United States. And those states that have not yet adopted “stay at home” or “shelter in place” orders generally have comparable restrictions at the county, city, or municipal levels. … Continue reading

Mitigating advertising risks during the COVID-19 crisis

By Lauren Shoor (US) on March 27, 2020 Posted in General

During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false … Continue reading

Federal and state authorities warn against price gouging

By Will Troutman (US) on March 27, 2020 Posted in Coronavirus, General

In the wake of the coronavirus, some sellers of essential goods and services have tried to greatly increase the cost of their products to take advantage of increased demand. But sellers beware: Public officials all over the country have expressed a willingness to prosecute price gougers and companies that may facilitate sales of goods with inflated … Continue reading

New coronavirus business restrictions and limitations

By Will Troutman (US) and Jeff Margulies (US) on March 26, 2020 Posted in Coronavirus, General

Stay at Home and Shelter in Place orders continue to proliferate, and we are also seeing an uptick in curfews being set. Notable updates in: Idaho Mississippi Missouri Nebraska Tennessee Texas Our updated tracking site is now here.… Continue reading