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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...

 

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...

 

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...

 

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...

 

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...

 


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