Dechert Re:Torts – January 2025

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  • FDA Issues New Rule for Nonprescription Drugs with Additional Conditions of Use
  • Plaintiff’s Firm Ordered to Produce Advertising Information
  • Post-Removal Complaint Amendments Can Divest Federal Court Jurisdiction
  • EPA Proposes Human Health Criteria for PFAS in Surface Water
  • Supreme Court Declines to Hear Challenge to Hawaii Climate Tort
  • Product Liability Litigation and the Judicial Panel on Multidistrict Litigation: A Year in Review

REGULATORY REVIEW

FDA Issues New Rule for Nonprescription Drugs with Additional Conditions of Use

The FDA has issued a final rule establishing requirements for the development and marketing of nonprescription drug products with an Additional Condition for Nonprescription Use ("ACNU"), which ensures appropriate self-selection and use by consumers without practitioner supervision. This rule aims to increase consumer access to nonprescription drug products and provides specific guidelines for application, labeling, and postmarketing reporting. Read more »

HOT TOPICS

Plaintiff’s Firm Ordered to Produce Advertising Information

A Colorado state court judge ordered a plaintiff’s firm to produce its advertising information in a toxic tort proceeding. Read more »

Post-Removal Complaint Amendments Can Divest Federal Court Jurisdiction

Our team recently published an OnPoint analyzing the United States Supreme Court’s decision in Royal Canin U.S.A., Inc. v. Wullschleger which establishes that a post-removal amendment to the operative complaint can divest a federal court of jurisdiction. The article discusses the ruling and provides recommendations for defendants to guard against amendments as a type of forum shopping. Read more »

ENVIRONMENTAL EDIT

EPA Proposes Human Health Criteria for PFAS in Surface Water

Continuing its focus on PFAS, EPA published draft recommended human health water quality criteria for public comment, proposing some PFAS levels far below the limits of detection. Read more »

Supreme Court Declines to Hear Challenge to Hawaii Climate Tort

The Supreme Court declined, without comment, to review the merits of state climate change litigation. Read more »

MDL MINUTE

Product Liability Litigation and the Judicial Panel on Multidistrict Litigation: A Year in Review

The JPML’s 2024 rulings in product liability actions highlighted opportunities for informal coordination and factors weighing against requests for industry-wide MDLs. Read more »

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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