In food and beverage trends, during May 2023, the Supreme Court of the United States issued a significant ruling regarding pork farming under the Dormant Commerce Clause, holding that a California law requiring pork sold in...more
Salt, chicken, and more were on the minds of federal regulators in April, as the U.S. Food and Drug Administration (“FDA”) issued proposed rules and labeling guidance on food products, and the USDA was petitioned to better...more
The first quarter of 2023 witnessed significant litigation and regulatory developments that will undoubtedly affect members of the chain of commerce in the food and beverage industry. Specifically, putative class actions...more
New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant Amazon, where the plaintiff alleged personal injuries from an electronic bicycle his...more
In response to the COVID-19 pandemic, numerous manufacturers and distributors of products ranging from CBD, to herbal products and supplements, to ingestible silver, began to market their products as those that could...more
The FDA recently reissued an Emergency Use Authorization (“EUA”) for the sale and import of certain non-NIOSH-approved respirators manufactured in China and used by healthcare personnel in the United States but, critically,...more
In response to increased concerns regarding insufficient personal protective equipment (“PPE”), the FDA recently issued an Emergency Use Authorization (“EUA”) applicable to face masks for use by both the general public and...more
4/28/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Distributors ,
Emergency Use Authorization (EUA) ,
Food and Drug Administration (FDA) ,
Healthcare Workers ,
Immunity ,
Manufacturers ,
Masks ,
Personal Protective Equipment ,
Public Readiness and Emergency Preparedness Act (PREP Act)
Causation is one of the most frequently litigated issues in asbestos litigation, and the Appellate Division, First Department's April 9, 2020 decision in Nemeth v. Brenntag, 2020 NY Slip. Op. 02261 (Apr. 9, 2020, 1st Dep’t)...more
As concern about availability of personal protective equipment (“PPE”) continues to grow amid the COVID-19 pandemic, the federal government continues to take action aimed at increasing the availability of PPE with important...more
4/17/2020
/ Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Emergency Management Plans ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
Medical Equipment ,
NIOSH ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
In times of national public health crises such as the COVID-19 pandemic, manufacturers and distributors of products are often called to the frontlines of battle to create, supply, and administer the tools necessary to combat...more
The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces such as Amazon....more
7/17/2019
/ Amazon ,
Appeals ,
Internet Retailers ,
Online Marketplace ,
Product Defects ,
Public Policy ,
Reversal ,
Right to Control ,
Risk Assessment ,
Sellers ,
Split of Authority ,
Strict Liability ,
Third-Party Service Provider
New York state's High Court has expanded the optional safety device exception to strict products liability to apply to equipment rental. ...more
6/19/2019
/ Affirmative Defenses ,
Design Defects ,
Equipment Rentals ,
Exceptions ,
Jury Instructions ,
Manufacturers ,
New York Court of Appeals ,
Product Defects ,
Reasonably Foreseeable ,
Reversible Error ,
Safety Devices ,
Strict Product Liability ,
Wrongful Death