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|KB Toys: Don’t Play with Clouded Claims|
Ella Shenhav, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 28, 2013, previously published on November 25, 2013In 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...
|Calphalon Recalls XL 9-Speed Blenders Due to Injury Hazard|
James P. Nevin; Brayton Purcell, LLP;
November 28, 2013, previously published on November 21, 2013Calaphalon has issued a recall on 22,000 of its XL 9 speed blenders sold across the US. The recall is due to a piece of the blender's mixing blade breaking off during use, which could pose an injury hazard. The company has received 4 reports of a piece of the blender breaking off, but no injuries...
|5 Products Containing Asbestos|
Katie Nealon; Brayton Purcell LLP;
November 28, 2013, previously published on November 22, 2013It is hard to look back on the history of asbestos use in America without wondering, "Why?" Why did it take so long for asbestos to be phased out of our military, schools, and products? An even bigger question you might be asking is: "Just where is asbestos still present today?"
|Strict Voluntary Recall "Guidelines" Proposed by CPSC|
Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
November 27, 2013, previously published on November 22, 2013Under 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...
|When 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;
November 25, 2013, previously published on November 22, 2013A 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...
|Green Chemistry Initiatives: An American Patchwork?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 22, 2013, previously published on November 18, 2013A 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.
|The Use of Toxic Substances in Consumer Products|
Katie Nealon; Brayton Purcell LLP;
November 21, 2013, previously published on November 18, 2013Do 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...
|CFPB Issues an Advance Notice of Proposed Rulemaking on Regulation F, As Authorized by Dodd-Frank|
Edmund "Ed" D. Harllee; Williams Mullen;
November 18, 2013, previously published on November 14, 2013On 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...
|New 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.;
November 14, 2013, previously published on November 13, 2013Since 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...
|ALJ 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.;
November 11, 2013, previously published on November 11, 2013On 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).