Topic
Product Warnings
26 published works
Pro Te: Solutio
From the Courtroom to Capitol Hill: State Legislative Action on Failure-to-Warn Claims
By Butler Snow
When a company brings a new product to market, who has the authority to approve the product’s label and associated warnings? In most instances involving pharmaceutical drugs or medical devices,…
Drug & Device Law
More on Comparative Warnings
By Bexis
A little over a year ago, we discussed one of the best decisions we had ever read on why comparative risk claims – premised on a manufacturer’s alleged failure to…
Regulatory Oversight
FDA Cigarette Graphic Warning Rule Delayed … Again
In a prior update, we discussed the ongoing legal challenges to the U.S. Food and Drug Administration's (FDA) March 2020 rule on a graphic-warning requirement for cigarettes. Initially slated to…
Environment, Land & Resources
Proposed Amendments to Rules on Prop. 65 Short-Form Product Warnings Fail to Progress
The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals. By Michael Romey, Christopher Martinez, and…
Kelley Green Law
Revisions to Prop 65 Short-Form Warnings on Hold; New Proposal Expected
The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it will not be moving forward with the current proposal to amend Proposition 65 "short-form" warnings and that…
Environment, Land & Resources
California Proposes Amendments to Rules on Prop 65 Short-Form Product Warnings
The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals. By Michael G. Romey, Lucas I. Quass, and…
Product Liability & Mass Torts Blog
You Can’t Make Me Say It: Does <em>Becerra</em> Make it Harder for the Government to Require Product Health Warnings?
By Trevor M. Jorgensen, Jill Berry
A U.S. Supreme Court ruling from last summer may have changed the trajectory of a high-profile pending commercial speech case. In National Institute of Family and Life Advocates v. Becerra,…
Product Liability & Mass Torts Blog
California’s Prop 65 Amendments One Year Later: Litigation Trends and What to Look Out For
By Emilie McGuire, Alex Garel-Frantzen, Jeffrey D. Skinner
Over the past 10 years, the number of private Proposition 65 actions against businesses have nearly quadrupled from 604 in 2009 to 2,364 in 2018. Additional Prop 65 regulations on…
TortsProf Blog
IN: No Need for Seller to Provide Product Warnings in Spanish
Plaintiff alleged an Indiana hardware store was negligent in renting to him and two co-workers an aerial lift without warnings in Spanish, given that the three spoke limited English. Plaintiff…
Product Liability & Mass Torts Blog
New California Prop 65 Warning Requirements: What Businesses Should Consider Now
By Malerie Ma Roddy, Alex Garel-Frantzen, Steven E. Swaney
Long-anticipated changes to California’s Proposition 65 warning requirements took effect on August 30, 2018, through amendments and new rules issued by the California Office of Environmental Health Hazard Assessment. Among…