Consumer Products Watch

Since 2019, the Federal Trade Commission and the U.S. Food and Drug Administration have warned companies that make or sell cannabidiol (CBD) products that it is illegal to label and advertise that their products prevent, treat, or cure human disease without FDA approval.

US companies have been inundated with lawsuits in the past several years alleging that their websites do not comply with the Americans with Disabilities Act (ADA) and various state laws, including the California Unruh Act.

On February 2, 2021, the Eleventh Circuit weighed in on the “ascertainability” debate raging in the federal courts – specifically, whether plaintiffs must show that it would be “administratively feasible” to identify class members before the class can be certified.

Punitive damages can often multiply a defendant’s potential exposure in litigation.

A new bill sitting on Illinois Governor J.B. Pritzker’s desk could change the calculus for defendants in personal injury and wrongful death lawsuits by entitling plaintiffs to prejudgment interest both in future lawsuits and in lawsuits that have already been filed.

Two cases decided 25 years apart, but there were some facts in common: a hot drink, a consumer alleging that she was burned by the drink, and a lawsuit. These are the facts of the 1994 case Liebeck v. McDonald’s Restaurants that resulted in an award of millions to the consumer.

In light of the COVID-19 pandemic, manufacturers of cleaning products may want to examine what their marketing says (or doesn’t say) about their products’ ability to disinfect.

Every two years, a little-noticed provision of the Consumer Product Safety Act (CPSA) reshapes the regulatory reporting landscape for manufacturers and importers of consumer products in the United States.

After a very difficult 2020, rapid vaccine development has sparked optimism among the public and in the business community.

As COVID-19 cases have spiked across the country, many businesses have adjusted certain operations with an eye on customer and employee safety, as well as to ensure compliance with recent changes to government orders.

Over the last several decades, there have been significant advancements in automotive technology.

Over the last few years, as the U.S. Consumer Product Safety Commission (CPSC) has moved slowly in its rulemaking efforts to address tip-overs of dressers.

In Illinois, the collateral source rule bars defendants from submitting evidence that plaintiffs received compensation for their injuries from a collateral source.

Several state and federal courts have recently addressed a hot-button issue in product liability law: whether the manufacturer of a product that has an asbestos-containing replacement part that causes injury may be liable even if the manufacturer itself did not manufacture or supply the replacement.

In yesterday’s post, we described a scenario involving a simple traffic accident, asking you to estimate the average exposure at trial.

Legal success is driven by the correct perception of risk. Plaintiffs don’t want to leave emptyhanded, and defendants don’t want to pay more than necessary. Sometimes the facts favor only one side, but most of the time a party’s legal risks fall on a spectrum between these extremes.

In a decision with potentially far-reaching consequences for class actions, a divided panel of the U.S. Court of Appeals for the Eleventh Circuit held that the ubiquitous practice of awarding a class representative an “incentive” payment as part of a class action settlement is impermissible.

Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.

Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future.

In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country.

Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic.

Attorneys have a duty to preserve evidence when bringing or defending claims. In many jurisdictions, even accidental losses of evidence can lead to sanctions.

Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.

Today we are writing about one that defendants should pursue in cases when the tort occurs on federally owned land: “federal enclave” jurisdiction.

Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.