Consumer Products Watch

Prop 65 Counsel: What To Know

Parents across the country are often on the lookout for the latest “hot” items for their kids and social media can be one way parents find out about what’s popular. One toy that has been popular on social media is the Pop It fidget.

Since prescription opioids were first introduced for pain treatment in the 1990s, the number of drug overdose deaths has quadrupled, and more than a half million Americans have died from an overdose involving an opioid.

Amid the holiday cheer this year, you may have noticed longer shipping times and more items out of stock, even as you’ve ordered more online than in the past. Businesses and consumers alike have learned over the past 21 months that the COVID-19 pandemic has led to supply chain bottlenecks.

Plaintiffs continue to file website accessibility lawsuits at a rapid pace, but two recent decisions in New York federal court may reduce certain types of filings in that forum.

In March, the Supreme Court addressed the test for specific personal jurisdiction in Ford Motor Co. v. Montana Eighth Judicial District Court.[1] The Court considered whether the test’s second prong — which requires that a plaintiff’s claims “arise out of or relate to” the defendant’s forum contacts

Over the last few months, you may have seen more e-scooters on the streets as people have felt safer returning to schools and to the office, and have been gathering more frequently with family and friends. E-scooters have many potential benefits: they help alleviate traffic and city congestion.

Plaintiffs are filing an increasing number of lawsuits against companies alleging that their websites violate Title III of the Americans with Disabilities Act (ADA) because the sites are not accessible to visually impaired customers. But these lawsuits assume an answer to an unresolved question.

Illinois Governor J.B. Pritzker recently signed into law SB0072 (the “Prejudgment Interest Act”), a revised version of the bill he had previously vetoed and that we discussed in a prior alert. The Prejudgment Interest Act will amend the Code of Civil Procedure.

Since 2019, the Federal Trade Commission and the U.S. Food and Drug Administration have warned companies that make or sell cannabidiol (CBD) products that it is illegal to label and advertise that their products prevent, treat, or cure human disease without FDA approval.

US companies have been inundated with lawsuits in the past several years alleging that their websites do not comply with the Americans with Disabilities Act (ADA) and various state laws, including the California Unruh Act.

On February 2, 2021, the Eleventh Circuit weighed in on the “ascertainability” debate raging in the federal courts – specifically, whether plaintiffs must show that it would be “administratively feasible” to identify class members before the class can be certified.

Punitive damages can often multiply a defendant’s potential exposure in litigation.

A new bill sitting on Illinois Governor J.B. Pritzker’s desk could change the calculus for defendants in personal injury and wrongful death lawsuits by entitling plaintiffs to prejudgment interest both in future lawsuits and in lawsuits that have already been filed.

Two cases decided 25 years apart, but there were some facts in common: a hot drink, a consumer alleging that she was burned by the drink, and a lawsuit. These are the facts of the 1994 case Liebeck v. McDonald’s Restaurants that resulted in an award of millions to the consumer.

In light of the COVID-19 pandemic, manufacturers of cleaning products may want to examine what their marketing says (or doesn’t say) about their products’ ability to disinfect.

Every two years, a little-noticed provision of the Consumer Product Safety Act (CPSA) reshapes the regulatory reporting landscape for manufacturers and importers of consumer products in the United States.

After a very difficult 2020, rapid vaccine development has sparked optimism among the public and in the business community.

As COVID-19 cases have spiked across the country, many businesses have adjusted certain operations with an eye on customer and employee safety, as well as to ensure compliance with recent changes to government orders.

Over the last several decades, there have been significant advancements in automotive technology.

Over the last few years, as the U.S. Consumer Product Safety Commission (CPSC) has moved slowly in its rulemaking efforts to address tip-overs of dressers.

In Illinois, the collateral source rule bars defendants from submitting evidence that plaintiffs received compensation for their injuries from a collateral source.

Several state and federal courts have recently addressed a hot-button issue in product liability law: whether the manufacturer of a product that has an asbestos-containing replacement part that causes injury may be liable even if the manufacturer itself did not manufacture or supply the replacement.

In yesterday’s post, we described a scenario involving a simple traffic accident, asking you to estimate the average exposure at trial.

Legal success is driven by the correct perception of risk. Plaintiffs don’t want to leave emptyhanded, and defendants don’t want to pay more than necessary. Sometimes the facts favor only one side, but most of the time a party’s legal risks fall on a spectrum between these extremes.