Topic
Warnings
81 published works
Kelley Green Law
Prop 65 Court Win for Cereal Manufacturers Sets the Table for Further Challenges to Warning Requirements
In a remarkable and perhaps precedent-setting decision, a California appellate court sided with cereal manufacturers in ruling last week that Proposition 65 cancer warnings for acrylamide were preempted by federal…
Drug & Device Law
A Seminal Decision on Duties, Warnings, and Learned Intermediaries
When we were on a jury last month we were warned not to consult any outside sources. And we didn’t. When we were in high school last century and studied…
Retail & Consumer Products Law Observer
Soda Stays Safe in San Francisco
By Michelle Gillette, Kimberley Johnson
[caption id="attachment_2567" align="alignright" width="218"] © Getty Images[/caption] Ninth Circuit Blocks Sweet Drink Warning Labels Pending Free Speech Lawsuit The Ninth Circuit dealt a blow to the war on sugar last…
Product Liability Advocate
WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?
After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986…
The Daily Intake
Prop 65: CA Adopts New “Clear and Reasonable Warning” Requirements
California issues final rule adopting new "clear and reasonable warnings" required under Proposition 65. By way of background, on November 27, 2015, the California Office of Environmental Health Hazard Assessment…
Hunton Retail Law Resource
Proposition 65: Impact on Retailers, Part 1
For retailers operating in California, the state’s Safe Drinking Water and Toxic Enforcement Act of 1986, or Proposition 65, is a constant and often costly headache. Continue reading for Part…
Drug & Device Law
Breaking News – Learned Intermediary Mandates Dismissal of 31 of 32 New Jersey Accutane Plaintiffs
By Bexis
The demise of the New Jersey Accutane litigation under the new mass tort judge continues apace. Today 31 more Accutane cases were dismissed for failure to establish warning causation under…
TortsProf Blog
The Warnings Compendium
Barbara Peters has published The Warnings Compendium (available at Amazon). Topics include:Designing warnings, deciding when to warn, adequacy, ambiguity, location, conspicuity, attention getting, signal words, color, permanency, cradle-to-grave, audience, intermediaries,…
Product Liability Advocate
Where’s the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat Industry?
The World Health Organization (WHO), the United Nations’ public health arm, issued a report on October 26, 2015, based on research performed by the International Agency for Research on Cancer…
Drug & Device Law
Heedless Heeding Presumptions – How New York Law Became a Morass
By Bexis
Ever since this blog started, we’ve made plain that we have no use for the so-called “heeding presumption.” This presumption posits that, because under Restatement §402A, comment j, a defendant providing an adequate warning…