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HTMLKB Toys: Don’t Play with Clouded Claims
Ella Shenhav, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 28, 2013, previously published on November 25, 2013
In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a preferential payment made to the original claimant continues with the...

 

HTMLStrict Voluntary Recall "Guidelines" Proposed by CPSC
Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
November 27, 2013, previously published on November 22, 2013
Under a proposed change to its guidelines on voluntary recalls, the U.S. Consumer Product Safety Commission would prescribe a detailed template for voluntary recall notices. Compliance programs would also be added to the list of elements that may be included in voluntary corrective action plans...

 

HTMLWhen is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
November 25, 2013, previously published on November 22, 2013
A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...

 

HTMLGreen Chemistry Initiatives: An American Patchwork?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 18, 2013
A growing number of states are passing Green Chemistry laws, e.g.; California, Connecticut, Maine, Minnesota, and Washington State. These laws present a challenge to manufacturers who distribute and sell products into the 50 states.

 

HTMLThe Use of Toxic Substances in Consumer Products
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
November 21, 2013, previously published on November 18, 2013
Do you think twice about what you buy? Most Americans do not. They trust the makers of products to do so with consumers' health and safety in mind as a top priority, but that is not always the case. Even the most well-intentioned companies have violated this capitalistic trust by unknowingly...

 

HTMLCFPB Issues an Advance Notice of Proposed Rulemaking on Regulation F, As Authorized by Dodd-Frank
Edmund "Ed" D. Harllee; Williams Mullen;
Legal Alert/Article
November 18, 2013, previously published on November 14, 2013
On Tuesday, November 12, 2013, the Consumer Financial Protection Bureau (the “Bureau”) published an advance notice of proposed rulemaking in the Federal Register to obtain comments, data and information from the public on debt collection practices. Any resulting rulemaking would amend...

 

HTMLNew CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies
Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 14, 2013, previously published on November 13, 2013
Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been legally binding on the company conducting the recall. At the...

 

HTMLALJ Bullock Grants Motion in Limine in Certain Wiper Blades (337-TA-816)
Eric W. Schweibenz, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 11, 2013, previously published on November 11, 2013
On November 1, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 87 (dated September 24, 2013) in Certain Wiper Blades (Inv. No. 337-TA-816).

 

HTMLFormer CPSC Chief of Staff Nominated for Republican Commissioner Vacancy at CPSC
Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 8, 2013, previously published on November 7, 2013
Yesterday President Obama announced his intent to nominate Joseph P. Mohorovic as a Commissioner on the Consumer Product Safety Commission. If confirmed by the Senate, he would succeed former Republican Commissioner Nancy Nord whose term expired at the end of October.

 

HTMLFTC Brings Enforcement Action over “Made in USA” Claims
Matthew Cohen, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 7, 2013, previously published on November 4, 2013
Two months ago, our colleague Dan Herling cautioned on this blog about making unsubstantiated “Made in the USA” claims on consumer products. He compared the Federal Trade Commission’s standard to California’s more stringent standard under Business & Professions Code...

 


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