Tag Archives: consumer products

GT Attorneys to Address Prop. 65 in Practice – Lessons Covering Hot Topics and Recent Developments Affecting Consumer Product Companies

On Tuesday, April 4, 2017, at 1:00 pm ET, Greenberg Traurig Attorneys Anthony Cortez and Greg Sperla will be presenting a webinar hosted by AudioSolutionz entitled “Proposition 65 – Hot Topics and Recent Developments Affecting Consumer Product Companies.”  This webinar will assist attendees to better understand the Impact of Proposition 65 on retail business and … Continue Reading

Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?

“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since the US Court of Appeals for the Third Circuit refused to certify a class due to difficulties in objectively and efficiently identifying class members in … Continue Reading

Demmler v. ACH Food Companies, Inc.: Mooting Consumer Class Actions in Response to Pre-Suit Demand Letters

We previously blogged about Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), in which the Supreme Court held that an unaccepted Rule 68 offer of judgment does not moot a class plaintiff’s claims and, in turn, a class action.  But the Court postulated that actual satisfaction of a class plaintiff’s claims – such as … Continue Reading

Glyphosate Litigation Primer

Introduction Plaintiffs’ lawyers in several states are investigating cases of non-Hodgkin lymphoma and other forms of cancer in individuals exposed to the widely used herbicide glyphosate. These investigations follow on the heels of a 2015 report by a working group at the International Agency for Research on Cancer (IARC), which concludes that glyphosate is probably … Continue Reading

Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision.’’ In Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (2013) the … Continue Reading

Greenberg Traurig Food & Beverage Attorneys to Speak at Natural Products Expo West

Global law firm Greenberg Traurig, LLP shareholders Robert J. Herrington, Justin J. Prochnow, and Rick L. Shackelford will participate in this year’s Natural Products Expo West convention, held Wednesday, March 9, to Sunday, March 13, 2016, at the Anaheim Convention Center. This event is the world’s largest natural, organic, and healthy products expo. Greenberg Traurig’s … Continue Reading

CPSC Modifies GCC Requirements

On Feb. 25, 2016, the U.S. Consumer Product Safety Commission (CPSC) voted unanimously to modify its requirement that companies issue general conformity certificates (GCC) for all adult clothing. The CPSC previously required that manufacturers or importers of record issue GCC’s certifying that  adult clothing met flammability requirements under the Flammable Fabrics Act, even where the … Continue Reading

California Approves New Mattress Recycling Fee

Mattress retailers and manufacturers face new requirements in California in 2016. Responding to attempts to over-regulate disposal of used mattresses, a coalition of manufacturers and retailers sponsored legislation to create an industry managed recycling program. The primary objective of the program is to get mattresses out of the waste stream and landfills. SB 254 (Correa, … Continue Reading

Greenberg Traurig’s Frank Citera to Speak at American Conference Institute’s 2nd Annual Consumer Products Regulation and Litigation Conference on June 12, 2014

Greenberg Traurig’s Frank Citera will be joining leading in-house and outside counsel who represent various facets of the consumer products industry, at the American Conference Institute’s 2nd Annual Consumer Products Regulation and Litigation Conference. Frank will be participating as a panelist in addressing the topic:  “Defending against the Pernicious ‘No Injury’ Suit — Deceptive Advertising, Diminution of Value, … Continue Reading

Is ‘Unscented’ the New ‘All Natural’?

Consumer products companies selling personal care products have started receiving demand letters and class action complaints alleging false advertising because of the use of the term “unscented.”   Is this the next class action wave to hit the consumer products industry? Many personal care products, such as soaps, creams and deodorants, are labeled as “unscented” … Continue Reading

Variability in Consumer Experience Dooms Class Action

Berger v. Home Depot USA, Inc., No. 11-55592 (9th Cir. Feb. 3, 2014) This is a great decision for retailers and consumer products companies. The court affirmed a decision denying class certification, recognizing that variability in consumer experience when entering into a retail transaction makes a case inappropriate for class treatment. In Berger, plaintiff challenged … Continue Reading

Cautionary Tale – Modify Business Practices and on the Hook for Catalyst Fees

After being hit with a class action, one question consumer products companies often face is:  should we modify our business practices in response to the suit?  Sometimes it makes sense.  Changing the challenged practice can, in some cases, help defeat class certification and may help limit liability.  Others would argue that changing business practices in … Continue Reading
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