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Lit Alerts—August 2019
In June, the US Supreme Court held in Knick v. Township of Scott that property owners may file an inverse condemnation claim in federal court as long as they base their claim on the Fifth Amendment.
United States
9 Aug 2019
Washington, DC And Nebraska Challenge Hotel Resort Fee Disclosure Practices
Earlier this month, the Office of the Attorney General for the District of Columbia (the District) sued Marriott International, Inc. in the Superior Court for the District of Columbia for alleged price deception.
United States
2 Aug 2019
And Now A Word From The Panel: 4 MDL Lessons At 40
Welcome to our 40th installment of "And Now a Word from the Panel," a column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation as it meets on a bimonthly basis at venues around the country.
United States
29 Jul 2019
RoHS: EU Phthalate Restrictions In Electrical And Electronic Equipment
This may overlap to some extent with labelling requirements under other legislation, which will also need to be observed, if applicable.
European Union
29 Jul 2019
California Legislature Narrows Legislation To Now Regulate Single-Use Packaging And "Most Littered" Single-Use Plastic Products
The amended bills narrow the still expansive scope of products and packaging that would fall within the scope of the regulation.
United States
15 Jul 2019
Lit Alerts—July 2019
The Second Circuit Court of Appeals recently affirmed the SDNY'S dismissal of suits against Bristol-Myers Squibb Co. and Pfizer Inc. on the ground that the suits asserted state-law claims that were preempted by the FDCA.
United States
5 Jul 2019
US - China Trade War Update And How It May Affect Our Consumer Product Clients
The Trump Administration has increased the tariff rate on a wide array of products imported from China and is poised to impose new tariffs on even more imports from China.
United States
10 Jun 2019
Supreme Court Puts New Spin On Preemption Analysis
On May 28, 2019, just a week after deciding Merck, the Supreme Court denied certiorari, letting that preemption decision stand.
United States
4 Jun 2019
USDA Issues Guidance On Hemp Legalization Following The 2018 Farm Bill
USDA's opinion identified four conclusions based on these provisions, each of which is explained below.
United States
4 Jun 2019
And Now A Word From The Panel: Why Not Just Arbitrate?
Following the March hearing session, the panel ruled on four motions seeking to create new MDL proceedings.
United States
3 Jun 2019
Calif. Bills Would See Huge Changes For Single-Use Products
The California Assembly and Senate recently introduced a pair of identical bills, SB 54 (Sen. Ben Allen) and AB 1080 (Assembly Member Lorena Gonzalez)…
United States
24 May 2019
FTC Ups Consumer Review Fairness Act Enforcement
The FTC recently announced three administrative enforcement actions under the Consumer Review Fairness Act ("CRFA"), the agency's first actions alleging solely CRFA violations.
United States
21 May 2019
California Legislature Proposes Expansive And Unprecedented Regulation Of Single-Use Products And Packaging
The California Legislature is poised to push forward these proposed bills, whether in their current or revised form.
United States
13 May 2019
For The First Time, Executives Criminally Charged For Knowing And Willful Reporting Violations Of The CPSA
Chu and Loh are also charged with conspiracy to commit wire fraud and to defraud consumers, retailers, and the CPSC.
United States
3 May 2019
Calif. Chemical Reg Changes Could Affect Many Products
After 11 iterations, DTSC finalized the implementing regulations in October 2013.
United States
1 May 2019
April Fool's: Two Notable Certiorari Denials, Two Different Takes On Materiality
The Honeywell decision reached the opposite conclusion based on similar facts.
United States
30 Apr 2019
The Broader Impact Of Operation Varsity Blues?
It takes a lot to knock the Mueller investigation and BREXIT off the front pages and TV talk shows, but the college and university admissions scandal did just that ...
United States
4 Apr 2019
And Now A Word From The Panel: An MDL Denial
Welcome to the latest installment of And Now a Word from the Panel, a column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation as it meets on a bimonthly basis at venues around the country.
United States
2 Apr 2019
FDA, State, And Local Governments Act To Modernize The Regulation Of Sunscreen Products In The United States
In February 26, 2019, FDA published its long-awaited proposed rule, Sunscreen Products for Over-the-Counter Human Use (Proposed Rule).
United States
15 Mar 2019
California Legislature Proposes Significant Changes To California's Safer Consumer Products Program
Senator Ben Allen, the Chair of the California Senate's Environmental Quality Committee, recently introduced Senate Bill 392,
United States
13 Mar 2019
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