News & Analysis as of

Manufacturers Class Action

Fishman Haygood LLP

U.S. Sixth Circuit, En Banc, Reverses GM Transmission Certification on Commonality and Predominance Grounds

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In a previous JD Supra article, I wrote about the Sixth Circuit Court’s initial decision, which upheld class certification for the matter despite GM’s challenges to Article III and predominance, in the case of Speerly v....more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: July 2025

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The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

Holland & Knight LLP

Red Flags Over Red 40: Heightened Regulatory Scrutiny on Use of Artificial Food Dyes

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The regulatory landscape for consumer-packaged goods (CPG) brands is shifting, with artificial food dyes emerging as a central focus of both state and federal scrutiny. Recent actions by the federal and state governments,...more

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern - June 2025

California microplastics case dismissed, MAHA Commission releases its report, federal PFAS priorities change, IARC classifies automotive gasoline, and more....more

Baker Donelson

How Food and Beverage Manufacturers Can Minimize their Exposure to the Wave of Citric Acid Based Lawsuits

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A recent wave of consumer class action lawsuits is targeting food and beverage makers that use "all natural," "no preservatives," or similar labels on their products. One common group of targeted products are those which...more

McGuireWoods LLP

Retailers at Risk: FDA Issues Advisory on Recreational Nitrous Oxide Products

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On June 4, 2025, the U.S. Food and Drug Administration issued a public advisory urging consumers not to inhale nitrous oxide (N2O) from commercial dispensers, including canisters, tanks and portable chargers. The advisory...more

Benesch

Dialysis & Nephrology Digest - June 2025

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Byonyks, a medical device company focused on advancing dialysis care, today announced that it has received U.S. Food and Drug Administration (FDA) 510(k) clearance for the Byonyks X1 APD Cycler, an automated peritoneal...more

Perkins Coie

Notable Ruling Roundup - June 2025 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. John Daly, et al. v. The Wonderful Company, LLC, No. 1:24-cv-01267 (N.D. Ill. – March 3, 2025):...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 11

Native Deodorant False Ad Dismissed As Court Finds Plaintiff's Contradictions Don't Pass the Smell Test - A proposed class action alleging that Native Deodorant falsely advertises its "natural" deodorant as offering...more

Perkins Coie

Psychoactive Kratom Draws Continued Scrutiny and Legal Action

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In recent years, plaintiffs have increasingly set their sights on kratom, a controversial botanical supplement, as a target for litigation. With at least 15 putative class-action cases filed in the past year alone, this...more

Stradling Yocca Carlson & Rauth

Vegan Collagen and the Law: Clean Beauty Claims Face Legal Scrutiny, but Courts Urge Common Sense

Clean Beauty Legal Risks Clean beauty claims have become the current "flavor of the month" for consumer class action lawsuits, particularly in California, New York, Florida, and Texas, where plaintiff's bar activity is...more

Beveridge & Diamond PC

Litigation Targeting Plastics Manufacturers

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As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful....more

J.S. Held

[CLE Webinar] Human Factors in Product Liability & Class Actions - May 29th, 1:00 pm - 2:00 pm EDT

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Director of Human Factors, Robert Rauschenberger, PhD, will present a one-hour* course that will cover: - What human factors is, and how it applies to product liability cases - The role of human factors analysis in...more

A&O Shearman

Northern District Of California Dismisses Putative Class Action Against Solar Panel Manufacturer For Failure To Allege Falsity

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On April 28, 2025, Judge Edward M. Chen of the United States District Court for the Northern District of California dismissed a putative securities fraud class action asserting claims against a solar panel manufacturer (the...more

ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

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While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Vinson & Elkins LLP

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

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On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Husch Blackwell LLP

Navigating the Legal Landscape of Electric Vehicle Battery Fires

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The electric vehicle (“EV”) revolution is reshaping the automotive industry, promising a greener future and reduced reliance on fossil fuels. However, as EV adoption accelerates, manufacturers face a growing legal and...more

Hissey, Mulderig & Friend, PLLC

Meningioma After Depo Shot? You May Be Entitled to Compensation

Recent scientific research has revealed that women who used the Depo-Provera birth control shot may be five times more likely to develop a form of brain tumors known as meningioma....more

Kilpatrick

Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow's "Manufactured in the USA" Label

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A California jury recently found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming some of its teabags were “Manufactured in the USA.” The company...more

Jenner & Block

Microplastics Can Lead to Big Lawsuits

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Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment . Although there is not yet conclusive scientific evidence...more

Hinch Newman LLP

Court Chops Up Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims

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A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more

Faegre Drinker Biddle & Reath LLP

Ten Things to Know About the European Union’s New Product Liability Directive

After it was initially proposed more than two years ago, the European Union passed a new product liability directive (PLD) on Dec. 9, 2024, which prescribes a new legislative framework to expand and modify product liability...more

Venable LLP

Tariffs May Encourage Made in the USA Claims, but You Need to Be Careful

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With tariffs creating an atmosphere where “imported” may soon come to mean “expensive,” American businesses might be tempted to use their advertising and packaging to emphasize the American origin of their product, no matter...more

Morrison & Foerster LLP

Jury Returns Verdict in “Manufactured in the USA” False Advertising Case

A jury in the Central District of California recently awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”) violated the Consumer Legal Remedies Act (CLRA), breached an express...more

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