September is Baby Safety Month, and this GT Alert highlights the most recent development in baby safety – the Consumer Product Safety Commission (CPSC)’s Aug. 23 notice of proposed
Continue Reading Consumer Product Safety Commission Proposes First Safety Requirements for Nursing Pillowsconsumer safety
Trademark Owner Liable to Consumer for Product Defect, European Court of Justice Rules
A case that originated in Finland concerned liability for a defective product and the concept of “producer” under EU trademark law. A coffee machine (the Philips Saeco Xsmall HD8743/11) manufactured…
Continue Reading Trademark Owner Liable to Consumer for Product Defect, European Court of Justice RulesGreenberg 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…
Continue Reading Greenberg Traurig Food & Beverage Attorneys to Speak at Natural Products Expo West
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…
Continue Reading CPSC Modifies GCC Requirements
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.Continue Reading Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation