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Category Archives: Products Liability

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FDA Prepares to Release a Regulation on the Labeling of “Gluten-Free” Food by the End of 2012

By Margaret Moran and Brian Gross on Posted in False-Labeling Claims, Litigation Trends, Products Liability

The Food & Drug Administration (FDA) is preparing to release a regulation on the labeling of “gluten-free” food by the end of 2012. Although the regulation will provide much needed guidance to consumers and food manufacturers, it will also establish a standard that food manufactures will need to follow in order to use a “gluten-free”… Continue Reading

Hold the relish: ConAgra under fire for allegedly misrepresenting kosher status of Hebrew National hot dogs

By Jonathan F. Tabasky and Sarah M. Knoff on Posted in Products Liability

Hebrew National Hot Dogs may answer to a Higher Authority, but for the time being they’ll also be answering to the United States District Court of Minnesota.  Hebrew National Hot Dogs which are owned by ConAgra Foods, Inc. has been sued in a class action Complaint (pdf download) which alleges that it utilized deceptive and… Continue Reading

Ben & Jerry’s Recall: Container Label Missing Nut Allergen Advisory in Chocolate Nougat Crunch

By Eric Skelly and Brian Gross on Posted in Foodborne Illness, Products Liability

With the Summer Solstice only days away, and peak ice cream eating season upon us, Unilever,PLC, the company which owns Ben & Jerry’s, is voluntarily recalling pints of Ben & Jerry’s Chocolate Nougat Crunch Ice Cream because the container label does not include a statement which warns that the product was manufactured on equipment also… Continue Reading

UPDATE: POM Down, Far From Out! POM’s New Advertising Campaign Strikes Back at the FTC

By Kenneth R. Costa and Brian Gross on Posted in Litigation Trends, Products Liability, Uncategorized

As we reported last week, Federal Trade Commission (“FTC”) Chief Administrative Law Judge D. Michael Chappell sided with the FTC when he found that POM’s marketing campaign – the one that reminded us of the alleged “wonderful” capability of pomegranate juice to treat, prevent, or reduce the risk of certain medical conditions – was in… Continue Reading

The FTC Works Out Skechers’ Checkbook: Skechers Settles Claims Over Erroneous Statements in Marketing for their Toning Sneakers

By Sarah M. Knoff on Posted in Products Liability

Last week Skechers USA, Inc. agreed to pay $50 million to resolve claims brought by the Federal Trade Commission (“FTC”) and the attorneys general of 44 states and the District of Columbia. The suit alleged that Skechers wrongfully included false statements in the marketing of their Shape-up, Resistance Runners, Toners and Tone-Up shoes.  Skechers claimed in… Continue Reading

POM Wonderful? Not so much. The Better Business Bureau Inadvertently Fuels Class Action Lawsuits

By Kenneth R. Costa and Brian Gross on Posted in Litigation Trends, Products Liability

Class action lawsuits against major consumer product companies are on the rise thanks, in large part, to the Better Business Bureau’s National Advertising Division (“NAD”). The NAD assists in the advertising industry’s self-regulatory efforts to ensure truth and accuracy in advertising by providing guidance to industry in an effort to ensure that consumers can rely on… Continue Reading

California Supreme Court Says Equipment Manufacturers Not Liable For Injuries Caused By Asbestos-Containing Replacement Parts

By Carrie Lin on Posted in Asbestos Litigation, California Courts, Litigation Trends, Products Liability

Co-authored by Brian Gross  After years of inconsistent rulings in the trial and appellate courts, the California Supreme Court recently decided the issue of whether plaintiffs in asbestos litigation may pursue claims against equipment manufacturers for injuries caused by asbestos-containing replacement component parts they neither manufactured nor supplied. For the reasons below, the Court expressly rejected this theory of liability and affirmed judgment in… Continue Reading

Breaking News: Pfizer Birth Control Recall

By Sarah M. Knoff on Posted in Pharmaceutical and Medical Devices, Products Liability

Co-authored by Brian Gross    On Wednesday, February 1, 2012, the pharmaceutical manufacturer Pfizer recalled approximately 1 million packets of birth control pills.  According to a statement issued by the company, the active and inactive pills may have been misplaced within the packets, causing users to erroneously take the placebo pills instead of the active pills. … Continue Reading

Massachusetts Court Extends Mensing to Bar Failure To Warn Claims Against Generic Drug Distributors

By Jonathan F. Tabasky on Posted in Litigation Trends, Massachusetts Courts, Pharmaceutical and Medical Devices, Products Liability

Co-authored by Brian Gross  In June of 2011, the United States Supreme Court ruled that makers of generic drugs cannot be sued for failing to warn consumers of the possible side effects of their products if they copy the exact warnings used by their brand-name equivalents.  See Pliva, Inc., et al. v. Mensing, 131 S.Ct. 2567… Continue Reading

Tobacco Companies Succeed In Blocking New FDA Labeling Restrictions

By Michael R. Brown on Posted in Products Liability

Co-authored by Brian Gross Readers of this blog may recall the September 2, 2011 post in which we reported on a federal lawsuit filed by several tobacco companies in the District of Columbia.  The suit challenged new tobacco labeling restrictions imposed by the FDA after passage of the 2009 Family Smoking Prevention and Tobacco Control Act.  As… Continue Reading

Congress Boosts FDA’s Ability to Effectuate Food Safety Modernization Act

By Javier F. Flores on Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross In our October 25, 2011 post, Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew? we expressed concern regarding the FDA’s ability to fully implement the Food Safety Modernization Act (“FSMA”) given its budgetary restrictions.   As outlined in our prior post, FSMA provides for increased regulation and oversight… Continue Reading

Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew?

By Javier F. Flores on Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross The recently enacted Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, provides the U.S. Food and Drug Administration (FDA) with increased power.  The FSMA, which represents the culmination of more than a decade long effort to reform this country’s food safety oversight system,… Continue Reading

Pennsylvania’s Third Circuit Decision on Products Liability Law Helps Manufacturers

By Michael R. Brown on Posted in Products Liability

Co-authored by Brian Gross Good news for product manufacturers, as the Third Circuit Court of Appeals recently issued an opinion that could change the landscape of products liability law in Pennsylvania.  See Covell v. Bell Sports, Inc. (3rd Cir. 2011).   Pennsylvania had always applied strict liability to products cases, but now the Third Circuit has formally adopted the Third Restatement… Continue Reading

MDL Panel to Consider Consolidating DuPont/Imprelis Lawsuits, Possibly in Delaware

By Michael R. Brown on Posted in Environmental Litigation, Products Liability

Co-authored by Brian Gross On September 27, the Judicial Panel on Multidistrict Litigation will consider a proposal to consolidate a number of recent herbicide-related lawsuits in one court.  The lawsuits, currently pending in Delaware, Pennsylvania, New Jersey, Kansas, Ohio, Iowa, Indiana, Minnesota, Wisconsin, Utah, and Kansas, allege that a new herbicide, Imprelis, which is manufactured by DuPont, kills… Continue Reading

Cargill Turkey Contaminated With Salmonella Bacteria Results In National Recall

By Javier F. Flores on Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross Cargill Meat Solutions Corporation (“Cargill”) recently announced the voluntary recall of approximately 36 million pounds of ground turkey believed to be contaminated with salmonella.  The recall represents approximately 6% of the national production of ground turkey in a given year.  Federal Health authorities have attempted for several months to determine the source… Continue Reading

Tobacco Companies File Suit Over New FDA Labeling Restrictions

By Michael R. Brown on Posted in Products Liability

Co-authored by Brian Gross Several tobacco companies have recently filed a federal court lawsuit in Washington, DC to block the implementation of new FDA-imposed labeling requirements, which the tobacco companies claim are unconstitutional.  The new labeling requirements mandate that one of nine FDA approved warning labels must be affixed to cigarette packages by September 2012.  The nine labels contain graphic images, such as a… Continue Reading