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Consumer Products Counselor

Insights on Legal Issues Facing the Consumer Products Industry

Topics

Advertising

FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) ClaimsPlaintiffs Must Plead Facts Which Directly Contradict Allegedly False Statements to Plead ICFA Claims Based on FalsityGreenberg Traurig to Present at Natural Products Expo West

Alert

Trademark Owner Liable to Consumer for Product Defect, European Court of Justice RulesThe Illinois Supreme Court Strikes a Blow to Litigation Tourism in the StateFDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims

All Natural Litigation

Greenberg Traurig to Present at Natural Products Expo WestCourt Rejects Preemption and Primary Jurisdiction Arguments in "All Natural" CaseIs 'Unscented' the New 'All Natural'?

Arbitration

Recent California Appellate Opinion Raises Issue of Concepcion's Scope

Asbestos Litigation

VA Supreme Court Adopts Take Home Asbestos Liability Exposure

Attorneys' Fees

Wary of Class Action Abuses, Seventh Circuit Slams 'Scandalous' Settlement Over Allegedly Defective WindowsCautionary Tale - Modify Business Practices and on the Hook for Catalyst FeesConsumer Class Actions Trending From Attacking 'All Natural' to 'Raw'

Awards & Recognition

GT’s Rob Herrington Honored by Century City Bar Association as 2017 Class Action Litigation Lawyer of the Year

California

State of California Passes Law Limiting Sugary Drinks Offered in Children’s Meals

Class Action Defense Strategies

Decision May Make Class Action Lawsuits More Difficult to SettleClass Action Defense Tip – Don’t Forget that UCL Claims Are EquitableGrowing Risk for Consumer Products Companies – Issue Classes

Class Action Litigation

7th Circuit Lowers Removal Hurdle for Defendants That Assisted the FedsStrategies for Defending Issue Class ActionsResponding to Consumer Demand Letters Under the Massachusetts Consumer Protection Act

Class Action Suits

Strategies for Defending Issue Class ActionsStanding and the Right to Sue Under Illinois’ Biometric Information Privacy ActMassachusetts Businesses Face Consumer Class Actions Alleging Improper Product Substitution

Class Certification

Growing Risk for Consumer Products Companies – Issue ClassesClass Actions: An Exaggerated DemiseRecent California Appellate Opinion Raises Issue of Concepcion's Scope

Consumer Fraud

Plaintiffs Must Plead Facts Which Directly Contradict Allegedly False Statements to Plead ICFA Claims Based on FalsityThe Seventh Circuit Undercuts Prominent Defenses in Data Breach Lawsuits and Class ActionsCourt Rejects Preemption and Primary Jurisdiction Arguments in "All Natural" Case

Consumer Protection

Trademark Owner Liable to Consumer for Product Defect, European Court of Justice Rules7th Circuit Lowers Removal Hurdle for Defendants That Assisted the FedsFDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims

Consumer Safety

Trademark Owner Liable to Consumer for Product Defect, European Court of Justice Rules7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds2020 Saint Louis University Consumer Product Safety Certification Program

Cosmetics and Beauty

Is 'Unscented' the New 'All Natural'?

Data Protection

Understanding the Telephone Consumer Protection ActIllinois Supreme Court Holds No Showing of Actual Harm Needed to State Claim Under Biometric Information Privacy ActSeventh Circuit Revives Another Data Breach Suit -- Lewert v. P.F. Chang’s China Bistro, Inc.

EPA

7th Circuit Lowers Removal Hurdle for Defendants That Assisted the FedsBefore Making Pandemic Response Products, Consider Environmental RegulationsProduct Stewardship and Textiles

Event

2020 Saint Louis University Consumer Product Safety Certification ProgramGreenberg Traurig’s Gene Livingston to Chair Prop 65 Clearinghouse Annual ConferenceAnthony Cortez to Participate on AHPA’s California Prop 65 Webinar

FDA

Before Making Pandemic Response Products, Consider Environmental RegulationsFDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) ClaimsPFAS Update: EPA Begins Process of Developing Drinking Water Limits for PFOS and PFOA

Federal Trade Commission

FDA and FTC Warn Companies for Unauthorized Coronavirus Disease 2019 (COVID-19) Claims‘Made in USA’ Claims California Removes its Elevated StandardA Blast from the Past: Price Advertising Claims Make a Comeback - As Class Actions

Food & Beverage Industry

Hard, Hazy and Maybe Healthy—With a Chance of Liability and LitigationState of California Passes Law Limiting Sugary Drinks Offered in Children’s MealsMassachusetts Businesses Face Consumer Class Actions Alleging Improper Product Substitution

Food Litigation

Hard, Hazy and Maybe Healthy—With a Chance of Liability and LitigationNorthern District of Illinois Employs the “Substantially Similar” Test to Decide Whether a Plaintiff Has Standing to Assert Claims for Products He Did Not PurchaseCourt Rejects Preemption and Primary Jurisdiction Arguments in "All Natural" Case

GT Alert

Trademark Owner Liable to Consumer for Product Defect, European Court of Justice RulesStrategies for Defending Issue Class ActionsThe Illinois Supreme Court Strikes a Blow to Litigation Tourism in the State

Injunctive Relief

The Injunction Conundrum – When Can a Class Action Plaintiff Sue for Injunctive Relief?

Internet and Technology

D.C. Circuit Limits the FCC’s Rulemaking Authority Under the TCPA … and the FCC Chairman AgreesNew Class Action Threat: Is Your Company Complying With California's Automatic Renewal Laws?

Litigation

Strategies for Defending Issue Class ActionsThe Illinois Supreme Court Strikes a Blow to Litigation Tourism in the StateUnderstanding the Telephone Consumer Protection Act

Manufacturing

Trademark Owner Liable to Consumer for Product Defect, European Court of Justice RulesChina’s New Regulation on New Chemicals Aims to Make Life EasierCalifornia Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures – Dietary Supplements and Foods Specially Targeted

Motion to Dismiss

The Injunction Conundrum – When Can a Class Action Plaintiff Sue for Injunctive Relief?Court Rejects Preemption and Primary Jurisdiction Arguments in "All Natural" CaseFormer Lance Armstrong Endorsement of Supplement Company FRS Doesn't Support False Advertising Class Action, Court Rules

OSHA

OSHA Is Raising Its Maximum Penalty Amounts, Again!OSHA Significantly Reduces Exposure Limits to Beryllium and its Compounds

Personal Care Products

Is 'Unscented' the New 'All Natural'?

Product Safety

Trademark Owner Liable to Consumer for Product Defect, European Court of Justice RulesChina’s New Regulation on New Chemicals Aims to Make Life Easier2020 Saint Louis University Consumer Product Safety Certification Program

Prop 65

Greenberg Traurig’s Gene Livingston to Chair Prop 65 Clearinghouse Annual ConferenceProp 65 Ruling Based on Old ScienceAnthony Cortez to Participate on AHPA’s California Prop 65 Webinar

Recognitions

Greenberg Traurig in Top 10 of ‘Product Liability Law360 100’ List

Retail

Transparency in Supply Chains Acts in the United Kingdom and CaliforniaMassachusetts Retailers: Are Your Gift Certificate Policies Compliant with the Law?New Class Action Threat: Is Your Company Complying With California's Automatic Renewal Laws?

Supplements

Former Lance Armstrong Endorsement of Supplement Company FRS Doesn't Support False Advertising Class Action, Court RulesFTC Targeting Weight Loss Claims

Supply Chain

7th Circuit Lowers Removal Hurdle for Defendants That Assisted the FedsTransparency in Supply Chains Acts in the United Kingdom and California

Technology

Understanding the Telephone Consumer Protection Act

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Greenberg Traurig’s Consumer Products Counselor blog is a tool for consumer products companies facing or preparing for legal issues confronting the industry. We address trends in the law, strategies for defending litigation and risk management in a business frequently targeted by lawsuits. We hope this blog helps these companies and their legal teams navigate what can be a challenging legal environment.

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Recent Posts

  • Trademark Owner Liable to Consumer for Product Defect, European Court of Justice Rules
  • 7th Circuit Lowers Removal Hurdle for Defendants That Assisted the Feds
  • China’s New Regulation on New Chemicals Aims to Make Life Easier
  • Strategies for Defending Issue Class Actions
  • The Illinois Supreme Court Strikes a Blow to Litigation Tourism in the State

News & Events

  • 'Natural' Target of False Advertising Class Action Escapes Liability
  • FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle

Consumer Products Counselor

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Greenberg Traurig, LLP has more than 2650 attorneys in 44 locations in the United States, Europe, Latin America, Asia, and the Middle East. The firm is a 2022 BTI “Highly Recommended Law Firm” for superior client service and is consistently among the top firms on the Am Law Global 100 and NLJ 250. Greenberg Traurig is Mansfield Rule 5.0 Certified Plus by The Diversity Lab and is recognized for powering its U.S. offices with 100% renewable energy as certified by the Center for Resource Solutions Green-e® Energy as a member of the U.S. EPA’s Green Partnership Program. The firm is known for its philanthropic giving, innovation, diversity, and pro bono. Web: www.gtlaw.com.

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