Tag Archives: Greenberg Traurig

D.C. Circuit Limits the FCC’s Rulemaking Authority Under the TCPA … and the FCC Chairman Agrees

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 (collectively, the TCPA), to issue a rule, known as the “Solicited Fax Rule,” requiring businesses to include opt-out notices on solicited fax advertisements. Bais Yaakov … Continue Reading

Medical Monitoring Claims in Illinois, Part 1

Medical monitoring has yet to gain traction in Illinois. Plaintiffs with medical monitoring only claims – seeking future testing to determine whether defendants’ alleged negligence has caused the injuries feared  –  have been unsuccessful in Illinois. Although the Illinois Supreme Court has not ruled specifically on medical monitoring, existing Illinois law does not allow for … Continue Reading

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

Greenberg Traurig’s Food & Beverage Group Presents at Natural Products ExpoWest

Greenberg Traurig’s Food & Beverage practice group recently gave a very well-attended presentation at the world’s largest natural, organic, and healthy products show of the year in Anaheim, California, Natural Products ExpoWest. The presentation, entitled “All Natural to Zero Calories: The A to Z of Claims,” addressed claims made for products in the food and … Continue Reading

Key Class Action Takeaways From Briseno v. ConAgra Foods

In Briseno v. ConAgra Foods, Inc., ___ F.3d ___ (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require plaintiffs to establish an “administratively feasible” means of identifying putative class members, expressly rejecting decisions like Carrera v. Bayer Corp., 727 F.3d 300, 306-08 (3d Cir. 2013). But the decision goes … Continue Reading

Greenberg Traurig’s Gretchen Miller Chairs Defense Research Institute’s Annual Product Liability Conference

Gretchen N. Miller, Products Liability & Mass Torts shareholder at Greenberg Traurig, is serving as Program Chair for the Defense Research Institute’s (DRI) 2017 Products Liability Conference. The annual event will take place Feb. 8-10, 2017, at the Cosmopolitan of Las Vegas. Miller will be welcoming conference attendees on Wednesday, Feb. 8, at 8:15 a.m., … Continue Reading

EPA: Research Shows Herbicide Glyphosate Unlikely to Cause Cancer

Introduction The Environmental Protection Agency (EPA) recently concluded that the available data at this time suggest that the herbicide, glyphosate, is “not likely to be carcinogenic to humans.” The EPA’s Office of Pesticide Programs (OPP) undertook the glyphosate study as part of its periodic review of pesticides registered under the Federal Insecticide, Fungicide and Rodenticide … 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

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 Supplement Facts panel on the labels of dietary supplements.  The final regulations were published in the Federal Register on May 27, 2016.  The final  version  … 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

Pass-On Defense Still Alive and Well

A California federal court recently relied on the so-called “pass-on defense” to deny class certification in a lawsuit asserting claims under California’s Unfair Competition Law (UCL).  Elite Logistics Corp. v. MOL Am., Inc., No. CV1102952DDPPLAX, 2016 WL 409650, at *3 (C.D. Cal. Feb. 2, 2016). Consumer products companies will want to take note of this … 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

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 Proposition 65 list on May 11, 2015, as a chemical known to cause reproductive toxicity.  Effective May 11, 2016, private enforcers may bring lawsuits to … 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

Transparency in Supply Chains Acts in the United Kingdom and California

Since 2010, California has required that certain companies provide information regarding their efforts to eradicate slavery and human trafficking from supply chains. Similar legislation is now popping up across the pond with the United Kingdom recently passing a law that calls for the reporting of steps taken to prevent slavery and human trafficking from entering … Continue Reading

FTC Amends Labeling Rules for Consumer Commodities

The Fair Trade Commission (FTC) has amended the rules and regulations for consumer commodities’ labels promulgated under the Fair Packaging and Labeling Act, 15 U.S.C. § 1451 et seq., (FPLA) to: (1) allow the omission of street addresses from labels if they are listed in any readily accessible, well-known, widely published, and publicly available resource; … Continue Reading

‘Made in USA’ Claims California Removes its Elevated Standard

In January 2015, we reported that California’s law on advertising “Made in USA” claims, Cal. Bus. & Prof. Code § 17533.7, had been interpreted as imposing a stricter standard than guidelines adopted by the Federal Trade Commission (FTC) on the same issue. Specifically, the California law had been interpreted to require that 100 percent of … Continue Reading

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 … Continue Reading

Ohio Supreme Court Rules Class Cannot be Certified Without Actual Damages Under Ohio’s Consumer Sales Practice Act

In a ruling yesterday in Felix v. Ganley Chevrolet, Inc., No. 2013-1746, 2015 WL 5039233 (Aug. 27, 2015), the Ohio Supreme Court held that a class action cannot be certified where the plaintiff cannot demonstrate, through common evidence, that all putative class members incurred damages resulting from the defendant’s alleged conduct. For claims under Ohio’s … 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
LexBlog