As this blog has reported on numerous occasions, plaintiffs have brought claims challenging labeling of food products for mislabeling. The labels challenged include the use of the term “natural”, “0g trans fat” and the infamous claim of misbranding relating to “crunch berries.”
We have previously blogged about the sometimes difficult decision that companies face when classifying their products as “children’s” or “general-use” products and the uncertainty of predicting whether the Consumer Product Safety Commission (“CPSC”) will agree with their classification. Although companies who sell personalized products have different business models,…
CPSC’s November 20, 2013 Commission hearing started with an emotional farewell from Chairman Inez Tenenbaum and high praise from her fellow Commissioners for her dedication to consumers and the agency. I joined the Chairman’s staff at the start of her tenure at CPSC and can echo the Commissioners…
A growing number of states are passing Green Chemistry laws, e.g.; California, Connecticut, Maine, Minnesota, and Washington State. These laws present a challenge to manufacturers who distribute and sell products into the 50 states.
Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been legally binding on the company conducting the recall. At the November 13, 2013 meeting of the…
Yesterday President Obama announced his intent to nominate Joseph P. Mohorovic as a Commissioner on the Consumer Product Safety Commission. If confirmed by the Senate, he would succeed former Republican Commissioner Nancy Nord whose term expired at the end of October.
Two months ago, our colleague Dan Herling cautioned on this blog about making unsubstantiated “Made in the USA” claims on consumer products. He compared the Federal Trade Commission’s standard to California’s more stringent standard under Business & Professions Code 17200. Interestingly, just last week, the FTC announced that…
As readers of this blog are well aware, classifying products as “children’s products,” as opposed to “general use products,” has important ramifications under federal and state consumer product safety laws. For example, under federal law, namely the Consumer Product Safety Improvement Act (“CPSIA”), children’s products must meet strict…
California’s District Courts have, of late, become the go-to jurisdictions for plaintiffs bringing ‘natural’ labeling lawsuits against national food manufacturers. This is due, in large part, to California’s consumer-friendly Unfair Competition Law, False Advertising Law, and Consumer’s Legal Remedies Act. California District Courts may be sending a different…
In February of this year, CPSC Chairman Inez Tenenbaum announced that she would not seek a second term as Chairman of the agency. This morning she announced that she would be leaving the CPSC at the end of November. In addition, Commissioner Nancy Nord will end her term…