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Mandatory Disclosure on "Forever Chemicals," PFAS, in One State Propagates Consumer Class Action in Another

In what appears to be a new pathway for PFAS litigation, California plaintiffs recently filed a lawsuit against the manufacturer of BIC razors stemming from disclosures the company made under Maine's PFAS law, which were...more

New York's Recipe for Food Marketing: Next Course of Restrictive State Actions?

A New York Senate bill seeks to amend multiple state laws impacting food and beverage advertising to expand the scope of factors to be considered in determining whether an advertisement is false or misleading....more

New York Proposes Exemption From Bar to Contribution Claims for PFAS Cleanup

The proposed amendment to NY law establishes a right to contribution for cost-recovery claims for settling parties in tort actions who clean up PFAS contamination. Per- and polyfluoroalkyl substances ("PFAS") are synthetic...more

FDA Takes Long-Awaited Action on Labeling Plant-Based Milk Alternatives

Following several years of lead-up, including public engagement, the review of more than 13,000 comments, and conducting focus group studies, on February 22, 2023, the U.S. Food and Drug Administration ("FDA") issued a draft...more

USDA Publishes Strengthening Organic Enforcement Final Rule

The United States Department of Agriculture ("USDA") published the Strengthening Organic Enforcement ("SOE") Final Rule to improve farm-to-market traceability, deter and detect instances of organic fraud, increase oversight,...more

FDA Proposes Updated Definition of "Healthy" Claim for Food; Seeks Comment

In Short - The Situation: To conform with current nutrition science and federal dietary guidance, the U.S. Food and Drug Administration ("FDA") has proposed updated criteria for when food labels can bear what the FDA...more

FDA Proposes Updated Definition of "Healthy" Claim for Food

The U.S. Food and Drug Administration ("FDA") responds to the Dietary Guidelines for Americans, 2020-2025 directive to "make every bite count" by proposing significant revisions to the implied nutrient content claim....more

Enforcing the Line Between Product Liability and Public Nuisance

Around the country, creative plaintiffs' lawyers have been repackaging product liability claims as public nuisance claims to avoid dismissal. Plaintiffs have used this maneuver to attempt an end-run on important product...more

ONE Connection | Yvette McGee Brown on the Historic SCOTUS Nomination

A View on the SCOTUS Nomination From One First to Another What will it mean to be the first Black woman justice on the U.S. Supreme Court? The day her name is announced, she becomes a major public figure. The bright...more

Consumer Product Food Labeling: Reaching a “Healthy” Balance

Earlier in 2021, the FDA issued a notice that it will be conducting preliminary consumer research on the use of a voluntary symbol that could be used to depict the nutrient content claim “healthy” on packaged foods. Congress...more

FTC Issues Enforcement Policy Regarding Deceptive Practices Related to Negative Option Marketing

The Federal Trade Commission ("FTC") recently issued an enforcement policy cautioning companies engaged in "negative option marketing" of potential legal action if the sign-up process for subscription services fails to...more

New York's Highest Court Interprets "Consumer" Expansively Under Consumer Protection Statute

On June 3, 2021, the Court of Appeals clarified the scope of New York General Business Law Section 349, a frequently invoked consumer protection provision. The Court held that Section 349 protects consumers from the deceptive...more

Personal Jurisdiction After the Supreme Court's Decision in Ford: What Has Changed?

The Supreme Court's recent decision in Ford is sure to be framed by some as expanding—perhaps quite significantly—the availability of specific personal jurisdiction under the Due Process Clause. But the decision should not be...more

SCOTUS Declines to Review Ruling in Toxic Tort Case

The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more

Department of Justice Increasingly Challenges Class Settlements

The Situation: Under the Class Action Fairness Act, the Department of Justice may object to federal class action settlements it believes are unfair or inequitable to unnamed class members. The Result: In the past year,...more

Increased Scrutiny Means Increased Costs: Amended Rule 23 and Class Settlement Approval

The Situation: Recently amended Federal Rule of Civil Procedure 23(e)(2) requires courts to analyze several factors in evaluating whether to approve class settlements. The Result: Class action settlements that would...more

Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

The Court's decision reinforces the inflexibility of the Federal Rules' deadline to file petitions for permission to appeal and cautions against reliance on equitable principles, even where diligence and good cause may exist....more

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

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