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Adobe PDFThe Use of Botulinum Toxin Products in Cosmetic Applications - What’s the Litigation Risk?
Donna Marie Baloy; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 17, 2014, previously published on June 2014
Botulinum 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,...

 

HTMLAustralia Challenges Laundry Industry Agreement on New Products
Nick Taylor; Jones Day;
Legal Alert/Article
January 13, 2014, previously published on January 2014
The 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...

 

HTML'Natural' Target of False Advertising Class Action Escapes Liability
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
A 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).

 

HTMLWhen an Extended Leave Of Absence Is NOT A Reasonable Accommodation
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
December 12, 2013, previously published on December 5, 2013
Conventional 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,...

 

HTMLAppeal Dismissed: Admissibility of Hearsay Found To Be Best Left To the Applications Judge
Borden Ladner Gervais LLP;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
Moroccanoil 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.

 

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...

 

HTMLColorful Detergent Pods Mistaken for Candy by U.S. Children
James P. Nevin; Brayton Purcell, LLP;
White Paper
November 21, 2013, previously published on November 13, 2013
We 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....

 

Adobe PDFUnintended Consequences of Intentional Discharges of Pollutants are not “Accidental,” and thus Pollution Exclusion Applies
Morris Polich Purdy LLP;
Legal Alert/Article
November 12, 2013, previously published on November 6, 2013
According 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...

 

HTMLCalifornia Court Decides that the Organic Food Production Act Does Not Apply to Personal Care Products
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
October 15, 2013, previously published on October 10, 2013
In 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...

 

HTMLCourt 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;
Legal Alert/Article
September 13, 2013, previously published on September 2013
In 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...

 


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