The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?
Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot?
Consumer Product Matters, Page 22
Consumer Product Matters posts 211 to 220 of 234, from September 12, 2013 back to August 16, 2013.
CPSC Voting Soon on Changes to Its Role in Voluntary Standards Activities
Last week, CPSC staff proposed an amendment to the agency’s current voluntary standards rule that would allow Commission employees to participate as voting members and to accept leadership positions in voluntary standard development groups. The new rule would amend 16 CFR 1031 to remove the current prohibitions on…
More Courts Weigh In On The Controversy Of Using “All Natural” with GMOs
A question before district courts these days seems to be whether 100% natural molasses move any slower than the FDA. In July, the Food Court in the Northern District of California asked FDA to opine on the proper use and application of “whether and under what circumstances food…
Broad Prop 65 Reform Going Nowhere — Weaker Assembly Bill 227 Moving Forward
Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success. Not surprisingly, Governor Brown’s administration has thrown in the proverbial towel. Spokespersons on both sides of the reform issue are making the politically correct statements:
Details that Matter – Personnel Changes in CPSC’s Offices of Compliance & Global Outreach
CPSC’s longtime Deputy Director of Compliance & Field Operations, Marc Schoem, is now leading the agency’s Office of Education, Global Outreach, and Small Business Ombudsman. Marc began a detail as the Director of the office this week. This office spearheads CPSC’s efforts to carry out education and outreach…
CPSC Stakeholders Recognize Five Year Anniversary of CPSIA
This month marks the five year anniversary of the enactment of the Consumer Product Safety Improvement Act of 2008 into law. Commonly referred to as the “CPSIA,” the law has had a dramatic impact over the past five years on all firms involved in manufacturing, importing and selling…
No CPSC Enforcement Can be Admissible Evidence in a Products Liability Case
The role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin. Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a…
FTC & Green Advertising: Mattress Companies Settle FTC Allegations of Unsubstantiated “VOC” Marketing Claims
The FTC’s recent settlements with three mattress companies send a message to all companies making “VOC Free” (volatile organic compounds) and similar environmental or “green” claims. These mattress settlements come just nine months after FTC settlements with two of the nation’s leading paint companies, The Sherwin-Williams Company and…
Admissibility of Plaintiffs’ Conduct in a Products Liability Case
It would no doubt be helpful to present a jury with information of how plaintiff was driving too fast in choppy water before being thrown from a boat or how the plaintiff allowed lint to collect in the exhaust duct before a fire in the dryer caused property…
CPSC and CBP Stop 4.8 Million Units of Noncompliant Products at the Ports
The U.S. Consumer Product Safety Commission (CPSC) announced recently that it stopped 4.8 million units of products at multiple ports of entry that violated product safety rules or were deemed to be hazardous. The units were seized during the Commission’s last fiscal year (October 2011 to September 2012).…