Tag Archives: GT

It’s the Law: Don’t Sell Your Homebrew!

Homebrewing and drinking craft beer are both widely popular. Currently, there are more than 6,000 craft breweries in the U.S., and over 2,000 homebrew clubs. As brewing for fun and profit has become more widespread, the applicable legal framework has also developed – and compliance is just as important for hobbyists as for professionals. At … Continue Reading

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 violate the Lead Poisoning Prevention Act and Code. The rule, proposed by the Illinois Department of Public Health (IDPH), would lower the threshold level of … Continue Reading

Appellate Court Opens Door to Jury Trials in Proposition 65 Cases

The California Court of Appeal, First Appellate District (First District) recently reversed course on an important issue in the Proposition 65 world by indicating that a jury trial may be available to defendants in certain circumstances. The decision, Nationwide Biweekly Administration, Inc., et al., v. The Superior Court of Alameda County, Opinion, A150264, (June 13, … Continue Reading

Greenberg Traurig’s Gene Livingston to Chair Prop 65 Clearinghouse Annual Conference

Greenberg Traurig’s Gene Livingston, shareholder and chair of the Proposition 65 & Green Chemistry Practice, will be chairing Prop. 65 Clearinghouse’s 13th Annual Prop. 65 Conference at the Julia Morgan Ballroom in San Francisco. The Conference will take place on Monday, Sept. 24. According to the organization, attendees will be privy to hands-on advice from … Continue Reading

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 assessment also “found no other meaningful risks to human health when the product is used according to the pesticide label.”  According to EPA, this finding … 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

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

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=”https://gtlawconsumerproductscounselor.lexblogplatformtwo.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
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