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
Continue Reading New York’s ‘Toxic Toys’ Law: Governor Signs Legislation Regulating Chemicals in Children’s Products, But Changes to the Law Are Already Coming

The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase, remains a vexing one for courts.  Judge
Continue Reading Northern District of Illinois Employs the “Substantially Similar” Test to Decide Whether a Plaintiff Has Standing to Assert Claims for Products He Did Not Purchase

On March 31, 2017, the D.C. Circuit held that the Federal Communications Commission (FCC) lacked authority under the Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act
Continue Reading D.C. Circuit Limits the FCC’s Rulemaking Authority Under the TCPA … and the FCC Chairman Agrees

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  permissible exposure limit (PEL). Comments must be submitted by Nov. 5, 2015.

The proposed rule would reduce exposure limits to one-tenth of the amount currently allowed. Currently, OSHA’s eight-hour permissible exposure limit for beryllium is 2.0 micrograms per cubic meter of air. OSHA’s proposed standard would reduce the eight-hour permissible exposure limit to 0.2 micrograms per cubic meter. The proposed rule contains several ancillary provisions, including requirements for exposure assessment, personal protective clothing and equipment (PPE), medical surveillance, medical removal, training, and regulated areas  or access control.Continue Reading OSHA Significantly Reduces Exposure Limits to Beryllium and its Compounds