LexisNexis® Legal Newsroom
Norton Rose Fulbright: California Governor Signs First Ever State Plastic Bag Ban

By William L. Troutman California’s Governor Jerry Brown signed the nation’s first state plastic bag ban into law on September 30, 2014. The law prohibits “stores”—supermarkets, groceries, retail stores that sell food or contain pharmacies, and convenience stores that...

Norton Rose Fulbright: The FTC & Bitcoin Mining Computers

By Susan Ross On September 18, 2014, a federal trial court in Missouri granted the Federal Trade Commission’s ex parte motion for a temporary restraining order, asset freeze, and appointment of a receiver for Butterfly Labs. Butterfly Labs made claims on its web site and on social media that...

Norton Rose Fulbright: Purchase One Product, Sue For Them All?

By Julie Glazer An emerging trend in consumer product class actions is for a class representative to bring claims for entire lines of products, despite only purchasing one of the products. Although traditional principles of standing seem to dictate the death of this argument, more and more courts...

Norton Rose Fulbright: Courts Disagree Whether Attacks On Expert Damage Models Defeat Class Certification In The Wake Of Comcast

By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ]. requires plaintiffs seeking class certification...

Norton Rose Fulbright: California Labeling Law Complements Furniture Flammability Changes

By Will Troutman In conjunction with changes to California upholstered furniture flammability regulations, commonly referred to as TB-117 , the state recently enacted complementary legislation requiring that furniture “law labels” disclose whether the products contain flame retardant chemicals...

Norton Rose Fulbright: Red Bull Settlement Problems Show Consequences Of Certifying Unascertainable Classes

By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do not retain receipts or proofs of purchase (think...

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements

By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced opinion available to lexis.com subscribers ...

Norton Rose Fulbright: Recent Jeans Case Confirms Harsher ‘Made In USA’ Standards Exist In California

By Lauren Shoor A California federal district court judge recently provided some clarity on the apparent disparity between California’s “Made in the USA” law and the standard set forth by the Federal Trade Commission. The Southern District Court of California’s recent decision...

Norton Rose Fulbright: Don’t Tell Bloggers About NAD Wins

By Susan Ross (US) If a company sues a competitor about an advertisement that the company believes is false or misleading about the company’s product, a court victory is frequently cause for a press release, as well as announcements on social media and to bloggers. When the complaint is made...

Norton Rose Fulbright: E-Cigarette Flavor Found To Contain Chemical Associated With Lung Disease

By Stephanie Stroup (US) A recent investigation conducted by the BBC has concluded that an e-cigarette flavoring purchased in Northeast England contained a potentially harmful chemical that has been associated with the lung condition known as “popcorn worker’s lung.” The British...

Norton Rose Fulbright: Update On California Consumer Product Emissions Survey

By Will Troutman (US) Updating our prior discussion of the California Air Resources Board Consumer Products Survey, ARB continues to forge ahead with the 2013 consumer products survey, providing additional guidance to industry. On October 14, 2014, the Board published an updated FAQ and information...

Norton Rose Fulbright Consumer Products Law Blog: California Agency Issues Guidance On New Furniture Flammability Labeling Law

By Will Troutman (US) Updating our prior discussion on California’s new labeling law regarding flame retardants in furniture, the California Bureau of Electronics & Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) has issued industry guidance and an FAQ expressing the Bureau’s...

Norton Rose Fulbright Consumer Products Law Blog: Formula For Disaster: FTC Sues Gerber For Falsely Advertising Baby Formula As ‘’FDA Approved’

By Julie Glazer Last week the FTC sued Gerber Products Co., alleging that it has no basis for asserting that its Good Start Gentle baby formula reduces the risk of infant allergy development and that these health claims were falsely advertised as “FDA Approved.” Whether to identify...

Norton Rose Fulbright: Unhappy Thanksgiving: Don’t Let Maine Children’s Product Reporting Deadline Spoil Your Turkey

By Will Troutman (US) Perhaps as a reminder to manufacturers and importers of just how difficult the winter of 1621 was for the pilgrims, the day after Thanksgiving is the reporting deadline for certain children’s products containing cadmium, mercury, or arsenic under the Maine Safer Chemicals...

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might...

Norton Rose Fulbright: Certification of Damages Class Denied in ‘All Natural Fruit’ False Labeling Suit

By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means of showing damages on a classwide basis through...

Norton Rose Fulbright: WARNING! This Post Contains Information on DINP and Proposition 65 in the State of California That May Help You Avoid a Lawsuit

By Will Troutman (US) On December 20, 2013, the Office of Environmental Health Hazard Assessment added the phthalate DINP to the California Proposition 65 chemical list. Under Proposition 65, products containing newly listed chemicals require a warning starting 12 months after the listing. For DINP...

Norton Rose Fulbright: Class Claims Certified For Hain Celestial Organic Cosmetics

By Stephanie Stroup (US) Last week, Magistrate Judge Beeler in the Northern District of California certified a class of purchasers of cosmetics marketed as “organic” by The Hain Celestial Group, Inc. In so doing, Judge Beeler weighed in on several hot spot issues for class certification...

Norton Rose Fulbright: California Proposition 65: OEHHA’S Proposed Revisions To Warning Regulations

By Jeff Margulies (US) In March 2014, OEHHA began the rulemaking process to amend the Clear and Reasonable Warning requirements for California’s Proposition 65. The proposed changes caused a great deal of concern for manufacturers, distributors, and retailers doing business in California. On...

Norton Rose Fulbright: San Bernardino Judge Finds Homeopathic Drug Labelling Is Not False Or Misleading

By Stephanie Stroup (US) On November 25, 2014, just in time for Thanksgiving, Judge Bryan Foster in San Bernardino Superior Court tentatively entered a judgment in favor of Green Pharmaceuticals , following a week-long bench trial. The case, filed on June 28, 2011 by plaintiff Rachel Rosendez,...

Norton Rose Fulbright: The Mysterious World of California’s Proposition 65: A Miniseries

By Will Troutman (US) and Stephanie Stroup (US) If you are reading this blog, at some point, you have probably encountered what many consider to be the most vexing of all of California’s laws: Proposition 65. While Proposition 65 appears relatively simple and straightforward―“No person...

Norton Rose Fulbright: The Mysterious World of California Prop 65, Part 1: The Law

By Will Troutman (US) on December 4, 2014 Posted in California Proposition 65 To the average person in California, if they know anything about Proposition 65 at all, it is usually because they have a seen a warning sign in a bar or at a store. In most instances, after seeing the sign, they likely...

Norton Rose Fulbright: Timeliness of Section 15(b) Reporting Continues Role as CPSC Enforcement Tool

By Will Troutman (US) As 2014 draws to a close, we see that Section 15(b)’s reporting requirement continues to be a powerful tool for CPSC to punish companies who manufacture, distribute, or sell products that are ultimately recalled. In 2014, CPSC entered into six settlements resolving Section...

Norton Rose Fulbright: Lights Out! New Mercury-Containing Light Fee About to Take Effect in Washington

By Matthew Gurvitz After a series of false starts, Washington’s mercury-containing lights product stewardship law will take effect on January 1, 2015. Under the law , all mercury-containing lights sold in the state of Washington must include a product stewardship fee to finance their environmental...

Norton Rose Fulbright Releases 2015 Litigation Trends Annual Survey

Findings show increase in disputes as a major concern for companies globally | Global legal practice Norton Rose Fulbright on May 14 released its 2015 Litigation Trends Annual Survey . This year’s survey is the 11th overall and the most extensive in its history, polling more than 800 corporate...