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FDA changes course, now seeking public comments on the definition of “natural” in food labeling

Last month, after decades of relative inaction regarding the definition of the term “natural,” the Food and Drug Administration announced that it was accepting public comments on the use of the word, including whether it can be false or misleading on food labels. Among other questions, the FDA asks: Whether it is appropriate to define … Continue reading

Consumer products law blog featured in leadership series

The Consumer Products Law Blog was recently featured in the LexBlog Network’s Leadership Blog series. Learn how our blog network identifies and posts legal updates you need before you may even be aware of it. LXBN Leaders: The Philosophy Behind Norton Rose Fulbright’s Business-Driving Blog Network… Continue reading

GNC reaches agreement with NY over supplement testing

In response to a NY Attorney General investigation into the composition of store-brand herbal supplements, GNC has committed to expand testing and authentication procedures beyond those currently required by the FDA.  It remains to be seen whether this will begin a push for stricter controls over these types of products.  A detailed discussion can be … Continue reading

The mysterious world of Prop 65, part 9: The naturally occurring exemption

A hot topic of late is the so-called Proposition 65 “naturally occurring” exemption.  This is due largely to the addition of pulegone to the Prop 65 list in April 2014.  Pulegone is a naturally occurring chemical found in many essential oils, including peppermint oil. With warnings required on products containing pulegone that cause significant exposures … Continue reading

Making online terms and conditions stick

Because the interaction between online retailers and their customers is limited, online retailers have little choice but to present terms and conditions of sale on their websites. These online terms and conditions present concepts important to online retailers, including arbitration and choice of law provisions. The way in which online retailers present these terms and … Continue reading

Highlights from CPSC Day at ICPHSO 2015, part 2

CPSC Chairman Elliot Kaye was the keynote speaker for CPSC Day, and he did not disappoint. Chairman Kaye’s speech focused on providing the consumer products industry with a sense of his priorities for the coming years, which I have listed below. Pressure to increase civil penalty amounts Chairman Kaye’s most notable comment was that he is directing … Continue reading

Highlights from CPSC Day at ICPHSO 2015

We are here at the ICPHSO conference in Orlando for CPSC day. Key speakers from CPSC include Chairman Elliot Kaye, the Team Lead for Fast Track Recalls, the Director of Regulatory Enforcement, and the Director of Field Investigations. Here are highlights from the morning sessions on CPSC recalls and reporting, enforcement, and import issues. Recalls … Continue reading

Update: ARB issues extension procedure for Consumer Products Survey

Recognizing the heavy lift involved in responding to the 2013 Consumer Products Survey, today the California Air Resources Board published procedures for obtaining extensions of the March 2, 2015 deadline. Formulators As a matter of course, formulator response dates are extended to April 1, 2015. Responsible Parties Responsible Parties, however, will need to provide a … Continue reading

DC Circuit Court puts limits on FTC’s advertising substantiation requirements

Recently, a three-judge panel reversed an FTC order requiring POM Wonderful to substantiate certain health-related advertising claims by using two randomized, well-controlled human clinical trials. This new ruling indicates that FTC’s ability to impose substantiation requirements is not boundless and courts may intervene if they believe the standards are too strict. The full article DC Circuit … Continue reading

Ski resorts and outdoor industries may face increasing liability

When a business’s consumers are skiers and snowboarders, knowing the potential liability for negligence is critical. Ski resort operators often encounter claims of unsafe terrain and failure to warn. Equipment manufacturers and sellers often run into product liability and personal injury claims regarding faulty bindings, skis, or other equipment. Outdoor Sports Liability Protections Early personal … Continue reading

UPDATE: California AG appeals foie gras ruling

In the wake of the federal court’s decision enjoining California’s foie gras ban, many restaurant owners rejoiced, making the delicacy immediately available. But restaurant owners may not want to throw out their creative menu techniques just yet. Following the court’s decision, the California Attorney General has filed a notice of appeal. The ball is in … Continue reading

Welcome to Norton Rose Fulbright’s Consumer products law blog

We are excited to announce the launch of the consumer products law blog, which will concentrate on legal issues impacting the consumer products industry.  The blog will cover a wide range of consumer products topics, including: Product safety and regulatory compliance issues Consumer product recalls Defense of enforcement proceedings Consumer class actions and other litigation … Continue reading

Health alert – Skin-lightening or acne creams from Mexico may contain mercury

The California Department of Public Health has issued a public health alert warning that skin-lightening or acne creams from Mexico (used for fading freckles, blemishes and age spots, as well as treating acne) have caused multiple cases of mercury poisoning in California.  The poisoning cases include several children and babies exposed to the mercury via … Continue reading