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|The Use of Botulinum Toxin Products in Cosmetic Applications - What’s the Litigation Risk?|
Donna Marie Baloy; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 17, 2014, previously published on June 2014Botulinum toxin products such as Botox® and Dysport® are used cosmetically for temporary improvement in the appearance of glabellar lines (“frown lines”) and lateral canthal lines (“crow’s feet”) in adults. Essentially, these products employ a neurotoxin,...
|Australia Challenges Laundry Industry Agreement on New Products|
Nick Taylor; Jones Day;
January 13, 2014, previously published on January 2014The Australian Competition and Consumer Commission (ACCC) last week filed proceedings against Australia’s leading suppliers of laundry products alleging a "laundry detergent cartel". The circumstances in which this cartel arose serve as a timely reminder of the importance of...
|'Natural' Target of False Advertising Class Action Escapes Liability|
Ed Chansky; Greenberg Traurig, LLP;
January 8, 2014, previously published on January 7, 2014A recent decision in the Central District of California marks a victory for a company using the term “natural” to advertise its shampoo and lotion products. Balser v. The Hain Celestial Group, Inc., CV 13-05604-R, December 18, 2013 (dismissing complaint with prejudice).
|When an Extended Leave Of Absence Is NOT A Reasonable Accommodation|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
December 12, 2013, previously published on December 5, 2013Conventional wisdom says that when a sick or injured employee asks for time off, you should grant it within reason. For one, the EEOC says that hard-capped leave of absence policies violate the ADA. For another, if an employee, returning from an FMLA leave, asks for a few more weeks of leave,...
|Appeal Dismissed: Admissibility of Hearsay Found To Be Best Left To the Applications Judge|
Borden Ladner Gervais LLP;
November 22, 2013, previously published on November 20, 2013Moroccanoil has appealed a Prothonotary’s decision to not strike 58 paragraphs from an affidavit filed by Avon, having previously argued the paragraphs are inadmissible hearsay. The appeal was dismissed.
|Colorful Detergent Pods Mistaken for Candy by U.S. Children|
James P. Nevin; Brayton Purcell, LLP;
November 21, 2013, previously published on November 13, 2013We all know kids put things in their mouth. It is the reason parents child-proof the house. What parents don't need is a dangerous product enticing their children to pop it in their mouth. Bright colors, small, fun shapes and eye-catching packaging is drawing children to laundry pods like candy....
|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...
|Unintended Consequences of Intentional Discharges of Pollutants are not “Accidental,” and thus Pollution Exclusion Applies|
Morris Polich Purdy LLP;
November 12, 2013, previously published on November 6, 2013According to the Second Circuit, the proper question to ask regarding the term “accidental” in a pollution exclusion is whether the initial discharge is intentional, not whether any later overflow or seepage was intended. Where the initial discharge is intentional, the exclusion...
|California Court Decides that the Organic Food Production Act Does Not Apply to Personal Care Products|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
October 15, 2013, previously published on October 10, 2013In May of 2012, Plaintiff Matthew Dronkers filed a complaint in the United States District Court for the Southern District of California, on behalf of himself and other class members against Kiss My Face, LLC (“KMF”) claiming that KMF’s marketing of personal care products labeled...
|Court of Special Appeals of Maryland Holds That Causation in Lead-Based Paint Context Limited to Probability of Circumstantial Evidence Under Ross v. Housing Authority|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
September 13, 2013, previously published on September 2013In Raymond V. Hamilton, Jr. v. Sandra B. Dackman, et al., the Court of Special Appeals of Maryland was asked to determine the evidentiary standard sufficient to establish a prima facie case for causation in the context of lead exposure. Writing for the intermediate appellate court and affirming the...