Continue Reading 7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds
2020 Saint Louis University Consumer Product Safety Certification Program
Greenberg Traurig Shareholder Frank Citera will serve as a member of the case study evaluation panel for the 2020 Saint Louis University Consumer Product Safety Certification Program.
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FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims
On March 6, 2020, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued seven warning letters to companies making alleged unauthorized claims related to the
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New York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming
On Feb. 7, New York Governor Andrew M. Cuomo signed legislation regulating the presence of toxic chemicals in children’s products and apparel. The governor agreed to the legislation – the
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Illinois Proposes Stricter Lead Rules for Public Intervention, Enforcement Actions
Illinois is proposing a new rule that would lower the state’s “action level” for children with lead in their blood. The new rule would also stiffen penalties for those who
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EPA Concludes Glyphosate is Not Likely to be Carcinogenic to Humans
EPA concluded in draft risk assessments that a widely used herbicide in the United States that controls weeds and grasses— glyphosate—is “not likely to be carcinogenic to humans.” Importantly, the
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FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements
On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the
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BPA Regulation Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016
Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the
Continue Reading BPA Regulation Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016
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
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Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation
On Aug. 26, 2015, the Seventh Circuit affirmed the exclusion of three expert witnesses who proffered opinions based on differential etiology as unreliable, but noted that “there may be a case where a rigorous differential etiology is sufficient to help prove, if not prove altogether both general and specific causation.” C.W. v. Textron, Inc., No. 14-3448 (7th Cir. Aug. 25, 2015). In C.W., the plaintiffs alleged that Textron, which operated a fastener manufacturing plant, released vinyl chloride, contaminating the groundwater in neighboring residential wells, including that of the plaintiffs. Plaintiffs brought claims against Textron for negligence, negligence per se, and negligent infliction of emotional distress, alleging that their two young children were exposed to the vinyl chloride, which caused illness and substantially increased their risk of cancer and other illnesses.
To support their claims, the plaintiffs proffered the testimony of three expert witnesses who opined that the children’s exposure to vinyl chloride caused illnesses and increased their risk of cancer. The United States District Court for the Northern District of Indiana, applying Daubert, excluded the testimony of the three experts, which relied on differential etiology, as not sufficiently reliable because the experts had failed to connect the dots between the available scientific studies and the illnesses endured by the children. In excluding the experts, the court found that their analysis required too great of an analytical gap between the scientific studies cited by the experts and their opinions that exposure to vinyl chloride at the doses and duration present could cause the problems that plaintiffs claim to have experienced or are likely to experience.