Product Liability & Mass Torts Blog

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Just over 50 years ago, Congress passed the Multidistrict Litigation (MDL) Act, with the intent to make it more efficient for parties to litigate factually similar but geographically dispersed complex cases. While the statute today is virtually unchanged from the original version, what has changed is the number of cases in MDLs. Ten years ago, MDLs represented only 15 percent of the civil caseload. By 2018, however, that number had more than tripled, and MDLs…
The Consumer Product Safety Commission (CPSC) will hold a public hearing next month to solicit ways to improve www.saferproducts.gov, the agency’s public consumer product information database. Mandated by Congress and not meaningfully altered since its launch nearly eight years ago, the database provides a centralized location for consumers and stakeholders to report potential product-safety incidents and conduct searches for product-safety reports or recalls. Its current form was approved on a party-line commission vote after heated…
The U.S. Consumer Product Safety Commission (CPSC) has been reopened for a week – possibly a third of the window between government shutdowns – and things seem to be quickly returning to normal. The agency has released messaging campaigns on both generator safety and TV anchoring, taking advantage of bitterly cold weather and what football fans hope will be a bitterly contested Super Bowl. But behind this appearance of normalcy, a key remaining question is…
Slack fill litigation can be frustrating for businesses – at times even infuriating. For companies yet to find themselves on the wrong side of a slack fill lawsuit, the claim often boils down to, “I thought there was more in the package even though the label said exactly what I was buying.” Slack fill claims have proliferated in recent years, driven in large part by how easy it has been for class action plaintiffs’ lawyers…
It’s a typical marketing story: Not too long ago, manufacturers marketed coconut oil as a heat-tolerant alternative to other cooking oils. They further promoted it by noting that it was more sustainably harvested than palm oil and could replace butter for people avoiding dairy. But then coconut oil marketing took a turn. People—not the manufacturers but social media influencers—started to talk about coconut oil in a different way. Influencers claimed that coconut oil was a…
As the partial federal government shutdown enters its second week, businesses both large and small should be aware of the shutdown’s implications for the U.S. Consumer Product Safety Commission (CPSC) and for product safety. Companies should be aware that their obligations under CPSC continue, despite that their partner in product safety is absent until its funding is restored.…
During the holidays, many Americans flock to nearby stores to buy presents and decorations. And given today’s global economy, many of those products are made by foreign manufacturers. But what happens if the product fails in a manner that could give rise to potential legal liability? That raises the question of when a domestic plaintiff can sue the manufacturer of a product manufactured outside the United States. Therein lies the artificial Christmas tree conundrum. Historically,…
On October 5, 2018, the U.S. Consumer Product Safety Commission (CPSC) announced that it had negotiated a $3.85 million civil penalty with Costco Wholesale Corporation over an alleged failure to report product hazards involving an electronic trash can, which CPSC alleged violated the Consumer Product Safety Act.…
Riding a scooter up and down the block was a common and enjoyable pastime for many when they were kids. Now, the child’s kick scooter has been reimagined as an environmentally friendly and nostalgia-filled commute option: the electric scooter. Electric scooters have cropped up in major cities across the country, including Austin, Nashville, Los Angeles, San Francisco, Scottsdale, Washington, D.C., and Atlanta. The scooters are affordable ($1.00 for the first minute and less after that)…
Generic pharmaceutical drugs are versions of brand-name counterparts with one major difference:  they typically cost a lot less. By FDA regulation, the two have the same active ingredients, dosage forms and strengths, and routes of administration.[1] And while federal law generally regulates pharmaceutical approval, states can regulate pharmaceutical distribution. Why is this significant? All states permit pharmacies to substitute generic drugs for the brand name equivalent, and some states require substitution in certain circumstances.…