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Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...more

Product Liability Trends in the Automotive Industry

Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more

California OEHHA Proposes New Safe Harbor Warnings for Acrylamide in Foods

On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more

The Grace Period for Proposition 65 Cannabis and CBD Reproductive Harm Warning Expired On January 3 – Are Your Labels Compliant?

New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...more

Even When Civil Penalties Are Sought, Unfair Competition and False Advertising Claims Remain Equitable and Will Not Be Tried by a...

The California Supreme Court recently held that claims brought by the government for civil penalties under California’s unfair competition law (B&PC § 17200, et seq.) and false advertising law (B&PC § 17500, et seq.) are to...more

Has California Opened the Door to Bring Suit Against “Shill” Plaintiffs in Prop 65, ADA and Other Repeat-Plaintiff Litigation?

The California Court of Appeal recently ruled that a firm used a “shill plaintiff” in a failed suit over a “Made in the USA” label, potentially opening the door for suit against similar repeat plaintiffs in other types of...more

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