Tag archives: Consumer products

California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits

By Lauren Shoor (US) on March 31, 2021 Posted in California Proposition 65

Prop 65 claims for alleged exposure to acrylamide in food are all too common. In the first three months of 2021 alone there have been 109 acrylamide notices issued. Acrylamide is not a chemical that is intentionally added to food, but rather forms in many types of foods when cooked at high temperatures, including chips, French fries, baked goods, and coffee.

In the face of increased enforcement over acrylamide, including the ongoing coffee litigation, the California Chamber of Commerce filed a lawsuit against the California Attorney General seeking to halt enforcers from requiring companies to provide Prop 65 cancer … Continue Reading

Beyond cosmetics: ARB enforcement of California’s Consumer Products regulation

By Will Troutman (US) on April 10, 2019 Posted in General

We’ve previously published analyses on the California Air Resource Board’s (ARB) case settlements related to cosmetic products, but there are a whole host of other consumer products also subject to ARB enforcement. We thought it would be helpful to provide some insight into these as well.… Continue Reading

Cosmetics remain big target for California VOC enforcement

By Will Troutman (US) on January 30, 2019 Posted in General

A recent look-back at California Air Resource Board (CARB) case settlements highlights that cosmetics remain a target for CARB enforcement of its General Consumer Products Regulation.… Continue Reading

FTC and presumption of consumer reliance

By Susan Ross (US) on September 12, 2014 Posted in Federal Trade Commission, Recent consumer products case law

Question: What’s the difference between $600,000 and $14 million in a contempt action? Answer: Presumption of consumer reliance, according to the Second Circuit Court of Appeals in Federal Trade Commission v. BlueHippo Funding, LLC.

The case began in 2003, when BlueHippo first began marketing computers and electronic products to consumers regardless of their credit history. BlueHippo offered the following deal to consumers: if a consumer made 13 consecutive installment payments and signed an installment contract, BlueHippo would ship the computer and permit the consumer to finance the remaining balance. If the consumer missed a payment, the consumer would not … Continue Reading