Stricter Automatic Renewal Law in California Commences July 1, 2018
On July 1, 2018, California’s revised Automatic Renewal Law (ARL), Cal. Bus. & Prof. Code § 17600 et seq., goes into effect.
Consumer Product Matters
Consumer Product Matters covered product safety and consumer related regulation and litigation in the United States from June 2013 to September 2018: the Consumer Product Safety Commission, FDA food and cosmetics rules, FTC advertising cases, California’s Proposition 65, GMO labeling laws and consumer class actions. All 234 posts are below, newest first.
First Amendment Still Trumps Prop 65
Recently, a federal judge sitting in the Eastern District of California (Sacramento), for the first time, refused to require a manufacturer to place a Prop 65 warning on its product based on a finding that the requirement would violate the company’s First Amendment rights. We have been following…
CPSC’s Zen Magnets Mandatory Recall Reversed: A Mixed District Court Decision Gives Zen Magnets a New Life and the CPSC Favorable Precedent for Mandatory Recalls
The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the never-ending saga of Zen Magnets, LLC v. CPSC.
California AG Leads Attack on Lead in Infant Formula
Fresh off a victory in the CA primary, California Attorney General Xavier Bacerra filed suit on June 7, 2018 against Nutraceutical Corporation of Park City, Utah and Graceleigh, Inc. dba Sammy’s Milk of Newport Beach, CA, alleging violations of California’s Proposition 65 and California’s consumer protection laws.
Where No Misrepresentation, Ninth Circuit Does Not Require Labels Disclosing Slave Labor
As this space has addressed before (see here and here), the California Transparency in Supply Chain Act (Civ. Code section 1714.43), enacted in 2010, requires large retailers and manufacturers (those with worldwide sales in excess of $100 million) doing business in California to disclose on their websites their…
Vape Laws Since 2018
Vape laws have changed a lot since the posts here ended in 2018. Congress raised the federal minimum age for buying tobacco products, vapes included, to 21 in December 2019, and a 2020 law brought e-cigarettes under the federal rules for mail-order tobacco sales. Many states and cities also limit flavored vapes. Adults looking for a store can find vape and smoke shops by state and city in the VapePenStores directory.
President Trump Nominates Peter Feldman as CPSC Commissioner Signaling First Republican Majority at Commission Since 2006
Yesterday, President Donald Trump nominated Peter Feldman to fill the fifth and final spot as Commissioner of the U.S. Consumer Product Safety Commission. The nomination is to fill the vacancy left by past Commissioner Joe Mohorovic, who resigned from the Commission in October 2017. If confirmed, Feldman’s term…
Prop 65: GET THE LEAD OUT!
As this space has discussed on several occasions, there are many issues with California’s Prop 65 (check out some of my prior posts about unintended consequences here and here). In full disclosure, most of the issues I discuss here are presented from the viewpoint of businesses that find…
Baiocco Confirmation Signals the Beginning of a New Paradigm at CPSC
Yesterday the U.S. Senate confirmed Dana Baiocco (pronounced “Bee Awe Co”) as a Commissioner for the U.S. Consumer Product Safety Commission with a term that runs through October of 2024. The confirmation took over eight months from Baiocco’s initial nomination last September and came over sixteen months into…
Prop 65 Preliminary Injunction and “Fake News”
A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list (see prior posts, here and here) has become the grist for the “Fake News” phenomenon.…
CPSC Sues Britax over Stroller Wheel Detachments
On Friday, February 16, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it had voted 3-1 (along party lines) to authorize CPSC staff to file an administrative complaint against Britax Child Safety, Inc., (“Britax”) a global manufacturer of car seats, strollers, and other juvenile products. In its…