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Insights on Consumer Products

716 total results. Page 14 of 29.

Alerts
Prop 65 Doesn’t Mix with Tort Actions
March 23, 2015
Debra Albin-Riley

A recent ruling in California US District Court will severely curtail the ability of plaintiffs to bring tort actions based on exposure to chemicals listed under California’s Proposition 65 (Prop 65) as chemicals known to cause cancer or birth defects.

Alerts
Standing is a Sticking Point in Aunt Jemima Post-Mortem Publicity Case
March 20, 2015
Anthony V. Lupo, Dan Jasnow

The alleged descendants of Aunt Jemima (a.k.a. Anna Short Harrington) do not have a valid claim to the great syrup fortune of Pepsi and Quaker Oats, according to a recent ruling by the US District Court for the Northern District of Illinois.

Alerts
Federal Circuit Says Merely Offering a Service is Not ‘Use in Commerce’
March 19, 2015
Anthony V. Lupo, Karen Ellis Carr, Matthew R. Mills, Amy (Salomon) McFarland, Thorne Maginnis

In a recent decision, the Federal Circuit clarified the “use in commerce” requirement for trademark applications filed in connection with the provision of a service.

Alerts
The US National Action Plan on Responsible Business Conduct: Midway Through the Stakeholder Engagement Process
March 12, 2015
Lee M. Caplan, Sara T. Schneider

The stakeholder engagement process supporting the Obama Administration’s plans to develop a National Action Plan on Responsible Business Conduct (NAP) is well underway. Two stakeholder meetings have already occurred in New York City and Berkeley, California.

Alerts
US Supreme Court Declines to Review Fourth Circuit Decision in Jaffé v. Samsung Electronics Co.
March 6, 2015
George P. Angelich

The Supreme Court of the United States declined to review the decision of the United States Court of Appeals for the Fourth Circuit in Jaffé v. Samsung Electronics Co.[2], leaving undisturbed the Fourth Circuit’s holding.

Alerts
What Could Happen to Imports if DHS Shuts Down
March 3, 2015

Based on recent votes in Congress, the possibility of a partial shutdown of Department of Homeland Security (DHS) activities for at least a brief period of time is looming larger. On February 27, 2015, Congress extended DHS funding for one week.

Alerts
FTC Targets Mobile App Makers over Cancer Detection Claims
February 27, 2015
Anthony V. Lupo

The Federal Trade Commission announced this week that it settled with two marketers of mobile medical apps — New Consumer Solutions LLC and Health Discovery Corp. — for claiming that their MMAs (Mole Detective and MelApp, respectively) could diagnose melanoma from photographs of the users’ moles.

Alerts
Alstom’s World Bank Release Confirms No DOJ Monitor
February 23, 2015
Peter V. B. Unger, M. Scott Peeler, Terree A. Bowers

Alstom SA’s release today from World Bank sanctions ensures that the US Department of Justice (DOJ) will not impose an independent corporate monitor under its recent settlement with the company.

Alerts
CARB Survey Reporting Deadline Approaches
February 19, 2015
Brian P. Waldman

March 1 is fast approaching. It is the deadline for consumer and commercial product companies to complete an electronic submission to the California Air Resources Board’s (CARB) “2013 Consumer and Commercial Products Survey” (Survey).

The Fine Print
FTC Clarifies Impact of COPPA in the Educational Setting
February 19, 2015
Dan Jasnow

The Federal Trade Commission (FTC) recently clarified that its jurisdiction under the Children’s Online Privacy Protection Act (COPPA) does not extend to information collected by state governments or most nonprofits in connection with online educational testing.

Alerts
US National Contact Point Issues Final Statement in Dispute against Multinational under the OECD Guidelines
February 19, 2015
Lee M. Caplan

The US National Contact Point recently issued a Final Statement regarding complaints by two international labor unions that Nissan Motor Co., Ltd. and Nissan North America, Inc. (Nissan) engaged in conduct inconsistent with the OECD Guidelines for Multinational Enterprises (OECD Guidelines).

Health Care Counsel Blog
The FTC Scores Another Win on Appeal of Hospital-Physician Practice Merger Injunction
February 13, 2015
Brian D. Schneider, Lowell C. Brown, Thomas E. Jeffry, Jr.

On February 10, 2015, in this most recent win for the federal enforcement agency, the US Court of Appeals for the Ninth Circuit affirmed the FTC’s injunction against St. Luke’s Health System and a large physician group in Idaho.

Alerts
Legislation Introduced in Congress to Create Single Food Safety Agency
February 10, 2015
Stanley H. Abramson, Wayne H. Matelski, Brian P. Waldman

On January 28, 2015, Sen. Richard Durbin (D-IL) and Rep. Rosa DeLauro (D-CT) introduced respective companion food safety legislation in the Senate (S.287, the “Safe Food Act of 2015”) and House (HR.609).

Alerts
New Compliance Obligations Regarding Human Trafficking
February 6, 2015

The long-awaited final Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions modifying the Human Trafficking regulations were published on January 29, 2015.

Alerts
FDA Issues Guidance on the Transfer of 510(k) Ownership
February 5, 2015
Wayne H. Matelski

The US Food and Drug Administration (FDA) recently issued a draft guidance entitled “Transfer of a Premarket Notification (510(k)) Clearance — Questions and Answers — Draft Guidance for Industry and Food and Drug Administration Staff.”

The Fine Print
FTC Settles with Maker of ‘Brain Training’ Games for Children
February 4, 2015
Matthew R. Mills, Thorne Maginnis

Focus Education, LLC, a leading provider in the growing market for cognitive improvement products, recently settled with the Federal Trade Commission (FTC) over charges that it was misleading consumers through the use of deceptive advertising tactics.

Alerts
FDA Guidance Exempts Low-Risk Wellness Products from Device Regulation
February 4, 2015
Brian P. Waldman

The US Food and Drug Administration (FDA) recently issued a draft guidance document announcing that it does not intend to regulate low-risk products intended for general wellness only as medical devices.

The Fine Print
The FTC Releases Report on the Internet of Things
January 30, 2015
Anthony V. Lupo, Matthew R. Mills, Dan Jasnow

The Federal Trade Commission (FTC) released a report this week examining the privacy and security implications of the so-called “Internet of Things.”

Alerts
Alcoa’s Derivative Settlement Another Consequence of FCPA Misdeeds
January 30, 2015
M. Scott Peeler, Peter V. B. Unger

Foreign Corrupt Practices Act (FCPA) violations can lead to significant collateral consequences.

Alerts
Human Cells and Tissues: FDA Steps Up Oversight
January 29, 2015

The last decade has seen enormous growth in the human tissue products industry, following the Food and Drug Administration’s establishment, in 2001, of a tiered approach to the regulation of these products (referred to as “human cells, tissues and cell- and tissue-based products,” or “HCT/Ps”).

Alerts
California Proposes New Prop-65 Warning Requirements
January 28, 2015
Anthony V. Lupo, Debra Albin-Riley

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed regulation to revise the required warning statement for products containing chemicals listed by the state under Proposition-65 (Prop-65).

Alerts
How Does a Company Comply with New Buy American Rules?
January 27, 2015
David R. Hamill, Birgit Matthiesen

Your company has been asked by a customer to certify that its products manufactured in US plants are in compliance with “Buy American” requirements. How does your company respond?

Alerts
The New Buy American Environment: How Does a Canadian Company Comply with the New Rules?
January 27, 2015
Birgit Matthiesen, David R. Hamill

Your company has been asked by a customer to certify that its products manufactured in US plants are in compliance with “Buy American” requirements. How does your company respond?

Alerts
Second Circuit Appeals Court Affirms New York Courts’ Pro-Arbitration Stance
January 27, 2015
Hunter T. Carter

Most parties that enter into arbitration agreements do not expect their choice to be diminished by being forced to litigate in open court. This paramount deference to contractual freedom is a hallmark of US law as well as the practice in the United States Court of Appeals for the Second Circuit.

Alerts
Supreme Court Leaves Trademark Tacking in Hands of Jury
January 27, 2015
Anthony V. Lupo, Matthew R. Mills, Amy (Salomon) McFarland, Dan Jasnow

In a succinct eight-page opinion, the Supreme Court ruled unanimously last week that trademark “tacking” is a question of fact that should generally be decided by juries.

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