Tag Archives: GT

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

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

The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally

On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to declare the settlement legally binding on all shareholders under the 2005 Dutch Act on Collective Settlement of Mass Claims (the WCAM).[1] Recently, the settlement was brought … 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

Campbell-Ewald v. Gomez: Unaccepted Offers of Judgment Do Not ‘Moot’ a Claim, But Ruling Leaves Door Open For Offers Accompanied by Tender

Last week, the Supreme Court issued its much anticipated decision in Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). In a 6-3 opinion, Justice Ginsburg, writing for the majority, held that an unaccepted Rule 68 offer of judgment does not “moot” a claim because “[u]nder basic principles of contract law,” an offer without acceptance is a … Continue Reading

The Exclusivity Provisions of the Illinois’ Workers’ Compensation Act and Workers’ Occupational Diseases Act Bar a Mesothelioma Plaintiff’s Occupational Exposure Claims Where Diagnosis Is Made After the Expiration of the Statute of Repose

Mesothelioma victims are not exempt from the exclusivity provisions and statutes of repose in Illinois’ Workers’ Compensation Act and Workers’ Occupational Diseases Act, according to a recently issued Illinois Supreme Court decision. Thus, common law claims against a former employer for asbestos related diseases are barred, even if the disease does not manifest until after … Continue Reading

OSHA Significantly Reduces Exposure Limits to Beryllium and its Compounds

The Occupational Safety and Health Administration (OSHA) proposes to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds and to promulgate a substance-specific standard for general industry regulating occupational exposure to beryllium and beryllium compounds. In a proposed rule published on Aug. 7, 2015, OSHA  proposes a new  … Continue Reading

The Seventh Circuit Undercuts Prominent Defenses in Data Breach Lawsuits and Class Actions

With two recent decisions sure to please the plaintiff’s bar, the U.S. Court of Appeals for the Seventh Circuit landed a blow to defendants facing class action and data breach lawsuits. In the first decision, the Seventh Circuit ruled that data breach plaintiffs, who regularly bring suits as class actions, have Article III standing despite … Continue Reading

Massachusetts Retailers: Are Your Gift Certificate Policies Compliant with the Law?

Plaintiff class-action lawyers are now invoking the Massachusetts Gift Certificate Statute, General Laws Chapter 200A, Section 5D, as their latest vehicle to bring putative class action claims against companies doing business in Massachusetts under the Massachusetts Consumer Protection Act (Chapter 93A). Consumers are allegedly being misled about their rights to redeem gift certificates for cash, … Continue Reading

The Injunction Conundrum – When Can a Class Action Plaintiff Sue for Injunctive Relief?

a href=”http://gtlawconsumerproductscounselor.default.wp1.lexblog.com/files/2014/07/shutterstock_153943454.jpg”>As the Supreme Court has tightened the requirements for certifying a damages class action, some in the plaintiff’s bar have responded by focusing on class actions seeking injunctive relief, particularly in cases against consumer products companies.  To certify a class under Rule 23(b)(2), a plaintiff does not have to demonstrate predominance or superiority, and … Continue Reading

Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case

In our February 12, 2014 post, entitled “Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw,’” we addressed whether claims challenging consumer product advertising as “all natural” were preempted in the absence of specific guidance from the FDA and the mixed results the argument has produced.  In Ault v. J.M. Smucker Co. et al., 2014 … Continue Reading

Massachusetts Consumer Pricing Advertising Law

Our Greenberg Traurig colleagues, David G. Thomas, James P. Ponsetto and Michael E. Pastore prepared a GT Client Advisory discussing Massachusetts’ laws governing price comparison advertising, as set forth in 940 C.M.R. § 6.05. The authors explain price comparison advertising and other pricing practices that may be unfair or deceptive advertising. To view the GT Client Advisory on www.gtlaw.com, please click here. … Continue Reading

FTC Urges Media to Review Weight-Loss Advertising Before Accepting

With summer around the corner, the Federal Trade Commission (FTC) is reminding publishers, broadcasters, and other media of the ways to spot phony weight-loss claims when screening ads for publication. The reissued guidance entitled, “Gut Check: A Reference Guide for Media on Spotting False Weight-Loss Claims,” details seven weight loss claims that the FTC asserts … Continue Reading

Recent California Appellate Opinion Raises Issue of Concepcion’s Scope

On April 27, 2011, the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), cleared the way for consumer products companies and other businesses to incorporate class action waivers into their arbitration agreements with customers.  On April 7, 2014, the Second District Court of Appeal in California affirmed the denial of a … Continue Reading

New Class Action Threat: Is Your Company Complying With California’s Automatic Renewal Laws?

Several class actions have been filed recently against companies offering music and video subscription services online for allegedly not complying with California’s Automatic Renewal Laws (California Business and Professions Code § 17602). This statute may apply whenever a company enrolls a California resident in an “automatic renewal” or “continuous service” offering, where the customer’s subscription … 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

Are Sugary Drink Warnings Coming to California?

California isn’t exactly known as a business-friendly state.  In some ways, the governor has tried to change that.  He’ll have an interesting choice to make if a recently-passed senate bill reaches his desk. Last week, the State Senate Committee on Health passed a measure that would require health warning labels on beverages with added sugar, … Continue Reading

FTC Investigates Social Media Photo Contest: Endorsement/Testimonial Guidelines Apply

In the contest, Cole Haan offered a $1,000 prize for the “most creative entry” among photos posted on Pinterest. Entry required (a) creating a Pinterest board titled with the shoe manufacturer’s slogan “Wandering Sole,” (b) pinning five photos from the manufacturer’s “Wandering Sole” Pinterest board, (c) pinning five photos of the consumer’s favorite “place to wander,” … Continue Reading

Supreme Court to Address Requirements for Class Action Removal

Consumer products companies are frequently the targets of nationwide class actions, and a common defense strategy includes removing these cases to federal court under the Class Action Fairness Act of 2005. “CAFA” provides federal jurisdiction over certain class actions where the amount in controversy  exceeds $5 million. See 28 U.S.C.  §§ 1332(d)(2), (5). On April 7, 2014, the … Continue Reading

New Developments in Collecting ‘Personal Identification Information’ During Credit Card Transactions

Our Boston colleagues David G. Thomas, James P. Ponsetto and Michael E. Pastore recently authored a firm Alert as a follow up to a previous GT Alert regarding a consumer’s right to claim relief under the Massachusetts Consumer Protection Act (Chapter 93A). The new Alert provides an update on recent developments, and discusses how retailers can … Continue Reading
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