Tag archives: Consumer products

California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits

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

FTC and presumption of consumer reliance

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

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