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HTMLDown the Rabbit Hole: Primary Jurisdiction Redux
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 22, 2013, previously published on October 21, 2013
While perhaps not as far down the rabbit hole as Alice was, the Courts within the Northern District of California are decidedly split on whether to use the primary jurisdiction doctrine to stay food cases with “natural” claims. The primary jurisdiction doctrine allows a court to stay...

 

HTMLCalifornia Cuts Manufacturers Some Slack
Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 22, 2013, previously published on October 22, 2013
As this space has pointed out on several occasions, California’s laws are nothing, if not unique. One such law is California’s Business & Professions Code Section 12606.2 which prohibits a container or package from having false bottoms, false sidewalls, a false lid or covering or...

 

HTMLCPSC Considers Rule on Voluntary Recall Notices and Compliance Programs
Matthew Cohen, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2013, previously published on October 16, 2013
The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted. One major aspect of the proposed rule is turning past agency practice into...

 

HTMLCalifornia’s Green Chemistry Puts Burden on Manufacturers
Howard I. Miller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 17, 2013, previously published on October 14, 2013
California is one of the largest consumer markets in the United States. When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and retailers to inadvertently run afoul of California’s comprehensive...

 

Adobe PDFYou Want Fries With That? New North Carolina Law Restricts Obesity Related Tort Claims
Christian H. Staples; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
October 15, 2013, previously published on October 9, 2013
North Carolina House Bill 683, known as the Commonsense Consumption Act (“Act”), became effective on October 1, 2013. The Act contains two main provisions. First, it provides that no city or county ordinance may prohibit the sale of soft drinks above a certain size. For this reason, the...

 

HTMLWhat is California Up To? - The Initial List of Candidate Chemicals is Published
Keller Heckman LLP;
Legal Alert/Article
October 8, 2013, previously published on October 4, 2013
The California Safer Consumer Products Regulations (SCPR) took effect on October 1, 2013. http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/Text-of-Final-Safer-Consumer-Products-Regulations-2.pdf The CA Dept of Toxic Substances Control (DTSC) released a list of 150 informational...

 

HTMLClosing Time: How the Government Shutdown Affects Global Trade
Venable LLP;
Legal Alert/Article
October 7, 2013, previously published on October 2013
With no Cinderella story last night, as of October 1, 2013 at 12:01 AM, the Federal Government is officially shut down. As a result, all “non-essential” federal workers will be furloughed and federal agencies cannot continue their routine operations. However, not all agency operations...

 

HTMLUpdate: CPSC Shortens Comment Period on Voluntary Standards Amendment
Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 4, 2013, previously published on October 2, 2013
We recently wrote about CPSC’s proposed amendment to its current limitations on CPSC staff’s participation in voluntary standards organizations. Under the proposed amendment, staff would be allowed to cast votes on voluntary standards and hold leadership positions on voluntary standard...

 

HTMLHealth Canada Releases New Guidelines for Civil Penalties System
Matthew Cohen, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 25, 2013, previously published on September 23, 2013
Readers of our blog tend to pay a lot of attention to federal and state product safety developments for obvious reasons. But, if your firm sells consumer products abroad, such as to Canadian consumers, paying attention to international product safety standards and enforcement policies or...

 

HTMLProduct Liability Lawyers at the Drawing Board: Risk Assessment Begins at the Beginning
Howard I. Miller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 20, 2013, previously published on September 19, 2013
I used to jokingly tell people that when I moved from design engineering into the law I went from the most productive field in the world to the most counter-productive field. This joke plays on the common misconception that lawyers are risk-averse naysayers who stifle innovation and focus on how...

 


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