Welcome to 2019! We hope that your New Year’s resolutions included time to sit down and enjoy our latest edition of Pro Te: Solutio. We have three intriguing articles in this edition, which are sure to provide useful information.
The first article, If It Walks Like a Duck…, addresses the similarities and important differences between traditional product liability litigation and consumer protection litigation filed by State Attorneys General. We include some advice on how to prevent the state from attempting to substitute product liability evidentiary standards with those required in consumer protection litigation.
The second article, Who’s on First: The FDA or the FTC, outlines the different, but sometimes overlapping, areas of control occupied by the Food and Drug Administration and the Federal Trade Commission.
Lastly, we have A 50-State Survey of Consumer Protection Acts and Their Connections to the Federal Trade Commission Act. The survey identifies which states have tied their definition of “unfair or deceptive acts or practices” to the language in the Federal Trade Commission Act and highlights the different prohibitions found in the core provision of each state’s consumer protection act.
Please see full publication below for more information.