Products Liability Trending Topics

To help with your writing efforts, here’s what people are looking for in Products Liability online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Walmart Inc. to Pay $7.5 Million Over Hazardous Waste Disposal 

Consider writing about:

A $7.5 million settlement that Walmart Inc. will pay to resolve allegations regarding its methods of disposing hazardous waste and medical waste; additional points in the settlement regarding an outside auditor; what this case illustrates regarding companies’ compliance obligations or liability risks pertaining to waste disposal; related trends involving federal or state enforcement actions (in the industry or region of your choice, or more broadly speaking).

Related information:

https://oag.ca.gov/news/press-releases/attorney-general-bonta-announces-75-million-settlement-walmart-illegal-disposal

What Lessons Does McDonald’s E. Coli Outbreak Serve Up to Other Companies? 

Consider writing about:

Implications of an E. coli outbreak linked to McDonald’s Quarter Pounders; consumer litigation over the outbreak; potential for regulatory action; respective obligations or liability risks on the part of franchisees, the parent company, or the food supplier thought to be linked to the outbreak; related information regarding any of the following issues: food-borne illnesses, prevention, or related trends; how to conduct a product recall; reminders regarding supply chain management and third-party risks; best practices for interacting with regulators in the event of a product alleged to be a health hazard.

Related information:

https://www.nbcnews.com/news/us-news/mcdonalds-e-coli-proposed-class-action-lawsuit-rcna178047

https://apnews.com/article/mcdonalds-e-coli-outbreak-quarter-pounder-a38666eaf2c38dccc99c00d72879928c

Hershey Co. Sued Over Alleged PFAS in Candy Packaging 

Consider writing about:

Allegations that the packaging for some of Hershey Co.’s best-known candy products contains unsafe levels of per- and polyfluoroalkyl substances (PFAS); related trends involving PFAS-related lawsuits against food manufacturers; how federal or state authorities are treating the issue of PFAS content in food packaging; what food manufacturers should know about their potential legal risk on this front, and how to head off or minimize related fallout.

Related information:

https://www.insurancejournal.com/news/east/2024/10/31/799283.htm

Social Media Companies Sued Over Alleged Harm to Young Users 

Consider writing about:

Lawsuits against TikTok and YouTube over alleged harms to young users’ mental health; comparison between the lawsuits against the tech giants in these cases; how this latest wave of lawsuits compares to previous allegations over social media’s impact on young users; status of past filings over this issue; and perhaps some guidance for parents or other caretakers on what to watch out for and how they themselves can limit social media’s unwanted effects on young users.

Related information:

https://abcnews.go.com/US/wireStory/states-sue-tiktok-claiming-platform-addictive-harms-mental-114596578

https://www.newsweek.com/arkansas-sues-youtube-alleges-platform-harms-mental-health-young-people-1961689

What Will California Try Next on AI Safety? 

Consider writing about:

California Gov. Gavin Newsom’s recent veto of a potentially landmark AI safety bill (SB 1047); reasons for the veto; what may be next for AI legislation or guidance in California or in other states; prospects for federal legislation regarding AI safety; current or potentially looming liability risks for AI companies, whether in a specific state, country, or region; legal risks that the industry should be preparing for.

Related information:

https://www.nytimes.com/2024/09/29/technology/california-ai-bill.html

Implications of Bankruptcy Judge’s J&J Ruling 

Consider writing about:

What last week’s ruling by a federal bankruptcy judge means for a Johnson & Johnson subsidiary and litigation over the company’s talc-based products; basis for U.S. Bankruptcy Judge Christopher Lopez’s ruling; potential next steps on the road to a settlement of cancer claims involving Johnson & Johnson consumer products.

Related information:

https://www.reuters.com/legal/jj-talc-bankruptcy-stays-texas-despite-forum-shopping-opposition-2024-10-10

California Sues ExxonMobil Over Plastic Recycling Statements 

Consider writing about:

A lawsuit filed against ExxonMobil by California’s attorney general and others over the recyclability of plastic products and the energy giant’s history of statements on that issue; key claims in the lawsuit; how unusual this lawsuit and its arguments may be; likely challenges ahead for either side in this legal battle; and perhaps a wider-angle look at the challenges that municipalities face in dealing with plastics in their recycling or landfill operations, and/or a look at any innovative technologies or systems being funded, proposed, or already implemented (in the jurisdiction of your choice) as part of an attempt to reduce plastic waste or its impact on the environment.

Related information:

https://oag.ca.gov/news/press-releases/attorney-general-bonta-sues-exxonmobil-deceiving-public-recyclability-plastic

Tyson Foods in Hot Seat Over Climate Claims 

Consider writing about:

A lawsuit against Tyson Foods over the meat producer’s climate-related claims in its product marketing and otherwise; what to know about the environmental claims made by the company; basis for the lawsuit over the company’s statements; related trends involving greenwashing allegations against companies; best practices for other businesses in an era of increased attention to companies’ environmental record.

Related information:

https://www.cbsnews.com/news/tyson-foods-greenwashing-climate-change-jbs

Instagram Makes Changes to Teenager Accounts; Are Other Changes Afoot? 

Consider writing about:

How Instagram is addressing concerns about minors’ online safety; what to know about new account settings for teenage Instagram users; whether other social media platforms are making, or considering, similar changes; how litigation, legislation, and/or enforcement actions over minors’ online safety and privacy are trending.

Related information:

https://apnews.com/article/instagram-meta-teen-accounts-kids-425a05cc37f81b6ff2b7439d3884c54a

SEC Scalds Keurig Over Company’s K-Cups 

Consider writing about:

A $1.5 million penalty that Keurig has incurred in connection with its K-Cup single-use coffee pods; basis for charges by the U.S. Securities and Exchange Commission; what other businesses can learn from this case as it relates to their own environmental policies, practices, and statements.

Related information:

https://www.sec.gov/newsroom/press-releases/2024-122

Time for a Look at THC Trends 

Consider writing about:

Noteworthy litigation or regulatory actions involving products containing THC; practical takeaways from those developments; any additional recurring or emerging risks for businesses in this sector; how products containing THC are classified and regulated (in the country of your choice).

Are Heavy Metals Weighing Heavy on Food Industry’s Mind? 

Consider writing about:

Recent lawsuits over heavy metals in food products; federal or state laws at issue; how any previous lawsuits over heavy metals in foods have performed; what regulators may be doing regarding consumer concerns over heavy metals in foods; what the food and beverage industry should be doing to minimize potential liability on this point.

Related information:

https://www.fda.gov/food/environmental-contaminants-food/lead-food-and-foodwares

Calif. Assembly Passes AI Safety Bill 

Consider writing about:

This week’s passage of a California measure intended to improve safeguards for the training of large artificial intelligence models; specific requirements or voluntary standards set out by SB 1047; enforcement powers laid out by the bill; SB 1047’s implications for tech industry practices; prospects of Gov. Gavin Newsom signing the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act; how the California bill compares to other states’ attempts to address potential risks stemming from the development of AI tools.

Related information:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1047

How the FTC is Tackling Deceptive Reviews and Testimonials 

Consider writing about:

The Federal Trade Commission’s Aug. 14 announcement of a final rule regarding deceptive reviews and testimonials of businesses; details about related types of reviews or business practices that have come under fire from the FTC; additional guidance regarding disclosure obligations and regarding the offering of incentives to potential reviewers; any noteworthy federal or state enforcement actions regarding reviews or testimonials considered to be evidence of unfair or deceptive trade practices.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2024/08/federal-trade-commission-announces-final-rule-banning-fake-reviews-testimonials

EPA Proposes Sweeping Limitations for Widely Used Solvent 

Consider writing about:

A proposed rule announced in July by the U.S. Environmental Protection Agency regarding solvent 1-bromopropane (1-BP); how widely used this product is, whether by businesses or consumers; reasons for the EPA’s proposal to ban most such uses; workplace safety issues related to use of this solvent, and what the proposed EPA rule could mean for employer obligations; what to know about the EPA’s rulemaking process and the Toxic Substances Control Act.

Related information:

https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-1-bromopropane-1-bp

Consumer Product Safety Commission Brands Amazon as ‘Distributor’ 

Consider writing about:

A July 30 action by the U.S. Consumer Product Safety Commission involving Amazon.com; potential immediate and longer-range implications, both for Amazon and for other online platforms, of the CPSC’s determination that Amazon is a “distributor” of third-party products that are defective or fail to meet federal consumer product safety standards; best practices for websites that host third-party listings for consumer products.

Related information:

https://www.cpsc.gov/Newsroom/News-Releases/2024/CPSC-Finds-Amazon-Responsible-Under-Federal-Safety-Law-for-Hazardous-Products-Sold-by-Third-Party-Sellers-on-Amazon-com

Tobacco Companies Reach $600M Settlement With Massachusetts 

Consider writing about:

A $600 million settlement reached between multiple tobacco companies and Massachusetts; background to the settlement; issues that it addresses; other actions that Massachusetts or local jurisdictions are taking regarding tobacco industry practices; how the Massachusetts settlement compares to states’ previous agreements with the tobacco industry; how industry practices may be changing as a result of pressure from the states.

Related information:

https://www.wbur.org/news/2024/08/15/massachusetts-tobacco-settlement

D.C. Circuit Rebuffs Industry Challenge to EPA’s Ethylene Oxide Rule 

Consider writing about:

A D.C. Circuit ruling in a manufacturer lawsuit that challenged an Environmental Protection Agency rule targeting chemical plants’ cancer-causing emissions; basis for the lawsuit; key points from the appeals court’s ruling; the ruling’s significance for the EPA’s authority and rule-making process, especially in a post-Chevron landscape.

Related information:

https://www.cadc.uscourts.gov/internet/opinions.nsf/8D6EE3303E8F039B85258B78004EB149/$file/23-1045-2069636.pdf

European Union Accelerates Sustainability Push With ESPR 

Consider writing about:

The European Union’s Ecodesign for Sustainable Products Regulation (ESPR); key objectives of this regulation; its effective date; enforcement procedures and potential liability risks that companies should be aware of.

Related information:

https://commission.europa.eu/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/sustainable-products/ecodesign-sustainable-products-regulation_en

What’s New With Greenwashing Obligations in Canada? 

Consider writing about:

How greenwashing issues are evolving in Canada; what to know about related amendments to Canada’s Competition Act; best practices or potential compliance risks for businesses amid this heightened attention to greenwashing; any noteworthy recent or anticipated guidance from regulators regarding the Competition Act’s greenwashing-related provisions.

Related information:

https://www.canada.ca/en/competition-bureau/news/2024/07/competition-bureau-statement-regarding-guidance-on-competition-acts-new-greenwashing-provisions.html

Trends Involving PFAS in Consumer Goods 

Consider writing about:

Trends involving the alleged presence of per- and polyfluoroalkyl substances (PFAS) in consumer products; noteworthy developments involving state laws, consumer lawsuits, or regulatory actions; industries or product types that are, or recently have been, in the hot seat over PFAS; how manufacturers or retailers can reduce their PFAS-related liability risks.

Will Lawsuits Over Hydrogen-Powered Cars Gain Altitude? 

Consider writing about:

Consumer lawsuits against Toyota over an alleged shortage of refueling options for their hydrogen-powered Mirai vehicles; how the hydrogen vehicle sector is performing overall these days; related challenges regarding refueling infrastructure; whether car dealerships could be facing liability over allegedly misrepresenting to car buyers the current or anticipated availability of refueling options; where car buyer responsibilities and due diligence practices fit into this scenario; prospects for improving conditions for hydrogen vehicles, manufacturers, and buyers.

Related information:

https://insideevs.com/news/708375/toyota-mirai-hydrogen-stations-close

What to Know About Consumer Product Safety Commission’s New Complaint Portal 

Consider writing about:

A business complaint portal recently unveiled by the U.S. Consumer Product Safety Commission; how the portal is intended to be used and by whom; how the CPSC intends to use any information submitted via the portal; this feature’s potential pros and cons for the business community; what businesses should consider before using the complaint portal; and perhaps a related look at CPSC investigation and enforcement trends.

Related information:

https://www.cpsc.gov/About-CPSC/Commissioner/Peter-A-Feldman/Statement/Statement-of-Commissioners-Peter-A-Feldman-and-Douglas-Dziak-New-Business-Complaint-Portal-Will-Leverage-Private-Sector-Knowledge-to-Improve-Safety

https://www.cpsc.gov/Business-Product-Safety-Complaint

Will Greenwashing Allegations Stick Against Lululemon? 

Consider writing about:

Greenwashing allegations being made against Lululemon over the apparel company’s marketing claims; what to know about the company’s marketing campaign and its environmental performance; related legal trends involving the fashion industry and its impacts on the environment; how companies (regardless of industry) can avoid becoming the targets of greenwashing litigation.

Related information:

https://finance.yahoo.com/news/lululemon-under-fire-greenwashing-claims-123745615.html

Who’s Minding the Microplastics? 

Consider writing about:

Lawsuits over microplastics found in consumer products; packaging, products, manufacturers, or retailers at issue; what consumers should know about possible health risks, or, alternatively, what companies should be considering in terms of product formulation, labeling, product-use instructions, or safety advisories; whether legislators or regulators (in the country of your choice) are taking or proposing any significant action regarding microplastic risks posed by the use of certain types or brands of consumer products.

Related information:

https://www.reuters.com/legal/litigation/lawsuits-claim-popular-baby-bottle-brands-leach-microplastics-2024-06-25

https://www.dw.com/en/eu-bans-microplastics-added-to-consumer-products/a-67019552

How to Prepare for an FDA Inspection [Ongoing] 

Consider writing about:

Facility inspections by the U.S. Food and Drug Administration; authority, scope, and common practices of the FDA in this regard; types of inspections that may arise; what can trigger an FDA inspection; what a business should expect or do prior to, during, and after an FDA inspection; potential pitfalls or common missteps, and how to avoid them; potential outcomes of an FDA inspection; how to respond to, or get ahead, of FDA findings.

Will Apple AI Steer Clear of European Union in Response to Digital Markets Act? 

Consider writing about:

The possibility that Apple will refrain from offering its AI tools to customers in the European Union this year due to, as the company put it, the “regulatory uncertainties brought about by the Digital Markets Act;” what stands out to you about this possible course of action; whether other companies have announced similar plans; what to know about the Digital Markets Act’s interoperability requirements; additional DMA compliance requirements that may have companies rethinking their EU plans; how companies can minimize their liability risks while complying with (or trying to comply with) the Digital Markets Act.

Related information:

https://qz.com/apple-not-release-apple-intelligence-european-union-dma-1851553830

Pharmaceutical Companies Ordered to Pay $916M Over Blood Thinner’s Health Risks 

Consider writing about:

A Hawaii ruling against Bristol Myers Squibb and three U.S.-based subsidiaries of French pharmaceutical company Sanofi in a case involving the blood thinner Plavix; underlying allegations regarding the efficacy and marketing of Plavix; state consumer protection laws at issue in this case; related litigation over Plavix; and perhaps a wider-angle look at consumer protection laws and how they differ from state to state as they apply to drug safety. Also, are there any useful comparisons to be drawn between this case and any legal disputes involving medications whose effects may differ according to gender (rather than according to ethnicity, as alleged in the Plavix case)?

Related information:

https://www.reuters.com/legal/bristol-myers-sanofi-liability-hawaii-plavix-case-grows-916-million-2024-05-22

https://apnews.com/article/hawaii-plavix-court-order-penalty-b81fb006c2c6f801255e189016b33215

Will the EPA Can a Common Solvent Over Health Concerns? 

Consider writing about:

A June 5 announcement by the U.S. Environmental Protection Agency regarding a proposed rule aimed at protecting workers and consumers from exposure to the solvent n-methylpyrrolidone (NMP); the EPA’s reasons for a proposed ban on this item; products or industries where this solvent is commonly used; potential implications for manufacturers or employers; what else to know about the Toxic Substances Control Act and the EPA’s rulemaking process.

Related information:

https://www.epa.gov/newsreleases/epa-proposes-requirements-protect-workers-and-consumers-exposure-toxic-solvent-n

NYT Report Puts Spotlight on Safety of Hair Relaxer Products 

Consider writing about:

Implications of a New York Times report this week on widely used chemical hair relaxers; health and safety issues that have been raised in connection with the products’ potential effect on consumers; how hair care products are classified and regulated (whether in the United States or elsewhere); current or past litigation over hair relaxers; whether manufacturers of these products are (or should be) rethinking their product formulations in light of consumer concerns and potential legal risks (or, alternatively, what else consumers should know about these types of products and how they might go about pursuing legal claims over their ingredients).