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:
Consider writing about:
An April 2nd decision by the U.S. Supreme Court stemming from a truck driver’s lawsuit over a hemp-based supplement; key points in the lawsuit; basis for bringing claims under the Racketeer Influenced and Corrupt Organizations Act; what stands out to you about the Supreme Court’s decision; potential for future RICO-related litigation and implications for increased liability risks and higher damages.
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An almost $2.1 billion jury verdict in a case involving alleged health effects from the Roundup weedkiller product; how the claims, litigation strategies, and outcome in this case compare to those in past lawsuits over alleged dangers from Roundup; what to know about the duty to warn; whether other types of weedkillers are the subject of similar litigation; what other manufacturers may be able to learn from the Roundup litigation.
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Noteworthy developments involving the use of food dyes; how they are regulated; how the landscape may be changing regarding the use of artificial food dyes or other additives, whether due to Trump administration actions or proposals, or actions on the state level; specific dyes or additives that are undergoing increased scrutiny; what else food and beverage manufacturers should know and be watching for, from legislators, regulators, or others.
Related information:
https://www.nbcnews.com/health/health-news/food-dyes-ban-rfk-jr-west-virginia-fda-rcna197180
https://www.cnbc.com/2025/03/14/are-artificial-food-dyes-bad-for-you.html
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California legislation addressing AI chatbots’ negative effects on children and other users who may face greater risks from interactions with relational chatbots or similar technology. What the legislation would require of program developers; whether this legislation breaks new ground; Senate Bill 243’s current status and prospects for passage; any noteworthy lawsuits over AI chatbots’ impacts on young users; what else the tech industry should know about the California legislation.
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Tesla’s pattern of suing customers and media outlets in China over negative statements about the company or its vehicles; how unusual it may be for an automotive company (or a company in any industry) to sue disgruntled customers, whether in China or elsewhere; what the Tesla incidents may illustrate regarding the political, regulatory, and judicial landscape in China; whether Tesla is likely to bring the same hardball tactics to the United States; what a company should consider before suing customers or journalists for defamation or similar alleged offenses.
Related information:
https://www.cbsnews.com/news/tesla-sues-customers-journalists-china-defamation
https://apnews.com/article/tesla-china-musk-investigation-takeaways-422af6d3c6e7cc88173d12891e8c0a9a
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Product liability lawsuits against rideshare companies; basis for product liability claims against these types of companies; how such lawsuits have performed so far; how rideshare companies may be able to minimize the risk of facing product liability lawsuits.
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California legislation that seeks to prohibit the sale of certain “anti-aging” products to consumers under the age of 18; basis for the legislation; why this issue is gaining attention on a legislative level; prospects for the bill’s passage; precedent for this type of ban; how such a ban would be implemented and enforced; issues for online retailers and distributors.
Related information:
https://www.latimes.com/business/story/2025-02-18/antiaging-skincare-ban-kids
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A victory for Lululemon over consumer “greenwashing” allegations against the athleisure company; reasons for the judge’s dismissal of the case; how other “greenwashing” cases have taken shape and how they have performed, whether specifically involving the clothing industry or more broadly speaking; what other companies may be able to learn from the outcome of the Lululemon greenwashing lawsuit.
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Lawsuits over the use of benzene in personal care products; types of claims being made regarding the safety of benzene in such products; examples of product types that have been at the center of benzene-related lawsuits; how those lawsuits have fared; related information regarding regulation or any product recalls or enforcement actions involving personal care products containing benzene; recommended actions for companies that may be current or likely targets of lawsuits over the presence of benzene in products that they manufacture, sell, or are otherwise affiliated with.
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How involvement with artificial intelligence may increase a business’s likely exposure to product liability risks; how familiar product liability principles or laws may apply in this context or may be evolving to address the development of new technologies and the proliferation of AI tools; how courts, legislators, or regulators (in the state, country, or region of your choice) are responding to AI-related risks; how businesses can be proactive in planning for the possibility of product liability risks involving artificial intelligence.
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Product liability trends involving cosmetics companies (in the country of your choice); how cosmetics are classified and regulated; recurring issues that have given rise to consumer litigation or other legal risks for manufacturers or others; any trending risks involving specific ingredients or product types.
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PFAS-related litigation; recent or otherwise noteworthy lawsuits, rulings, or settlements; any emerging or heightened liability risks for manufacturers, distributors, or affiliated businesses; how businesses can minimize legal risk stemming from their connection to PFAS.
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Greenwashing allegations being made against Procter & Gamble over the company’s environmental practices and its eco-friendly marketing and packaging claims; grounds for a lawsuit over P&G’s activities; how companies can minimize the risk of being hit with greenwashing allegations over their actions or those of their suppliers or affiliates; pointers on reputation management and legal strategies in response to a greenwashing lawsuit.
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Lawsuits against Connecticut-based CooperSurgical over in vitro fertilization clients’ damaged embryos; what to know about the company’s recall effort; potential liability on the part of CooperSurgical or the fertility clinics that used the allegedly defective product; related legal and business trends involving damaged, destroyed, or otherwise mishandled embryos.
Related information:
https://www.ctpost.com/news/article/coopersurgical-ivf-lawsuit-trumbull-20022123.php
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A comparison of product liability laws, litigation, or enforcement trends in the United States, Canada, and Mexico. What are the major similarities or differences? What does a company that is starting, or expanding, operations in one of these countries need to know as regards potential liability risks related to their products? What product liability-related missteps do companies that are accustomed to a particular way of doing things in one country need to guard against when getting established in a new country?
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Questions facing the legal cannabis industry in the United States over suspected contamination from pesticides or other substances; any past or ongoing regulatory action or litigation regarding alleged contamination; cannabis producers’ responsibilities for testing, monitoring, and product safety and quality; what the industry should be doing now to protect itself against liability risks.
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Issues involving the presence of lead or other heavy metals in baby foods; health concerns raised over these elements; how federal or state regulators or legislators are responding to this issue; any emerging trends on that front; any noteworthy litigation over the existence of heavy metals in baby foods and alleged harms from the substances.
Related information:
https://www.cnn.com/2025/01/06/health/lead-baby-food-fda-wellness/index.html
https://www.yahoo.com/news/fda-sets-limits-lead-many-110042983.html
https://www.wypr.org/wypr-news/2024-09-30/hundreds-of-new-laws-hit-books-in-maryland-on-october-1
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Any current legal issues facing the manufacturers of self-driving vehicles over the vehicles’ safety and performance. What concerns have arisen regarding possible flaws in vehicle design or manufacturing “versus” operator errors or lack of real-time support by company representatives in the event of a malfunction? How are regulators responding to mishaps involving autonomous vehicles? How can the industry best respond to unflattering incident reports (some of which are likely to go viral on social media)?
Related information:
https://www.sfgate.com/tech/article/tesla-fsd-jesse-lyu-train-20014242.php
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A lawsuit filed against Character.AI over the company’s “companion chatbots;” harms allegedly caused to young users of the chatbots; basis for product liability claims in this instance; how Character.AI is adapting its safety features; what other companies involved with similar technology or tools may be able to learn from Character.AI’s experience so far.
Related information:
https://www.npr.org/2024/12/10/nx-s1-5222574/kids-character-ai-lawsuit
https://www.cbsnews.com/news/character-ai-chatbot-changes-teenage-users-lawsuits
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Your choice of three or more noteworthy product liability developments or trends from 2024, whether involving verdicts, settlements, regulatory actions, emerging technologies, or other evolving risk areas. What stood out to you, and why?
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Consumer lawsuits over products advertised as “natural” or “naturally flavored;” product types that are seeing the most litigation over “natural” marketing claims; any noteworthy patterns or recurring themes among such lawsuits; how courts have regarded these types of consumer complaints; how companies can minimize potential liability stemming from “natural” claims; alternative options for companies that may be tempted to make risky “natural” claims.
Related information:
https://www.charlotteobserver.com/news/business/article294290609.html
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A turnabout in a lawsuit over Danone’s labeling of its Evian spring water as “carbon neutral;” background to the case; reason for a New York federal judge’s reversal; lessons for other companies on product labeling, ESG practices, and related risks or best practices.
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A $1.37 billion settlement reached between Kroger and 30 states over the role the grocery chain’s pharmacies played in the United States’ opioid crisis; factors contributing to the dollar size of the settlement; terms of the settlement; how the Kroger settlement compares to past opioid-related settlements involving other companies; how litigation over the national opioid crisis has evolved over the years.
Related information:
https://www.scrippsnews.com/us-news/kroger-finalizes-opioid-settlement-payment-to-30-states
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A $165 million fine issued by National Highway Traffic Safety Administration over Ford Motor Co.’s alleged failure to comply with federal recall requirements; underlying product issues in this case; recall requirements that Ford allegedly failed to meet; additional requirements that the automotive company will need to meet as part of its agreement with the NHTSA; what other automotive companies can learn from this case, or what companies in general (regardless of industry) can learn from Ford’s experience as it relates to conducting recalls.
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Liability risks related to companies’ sustainability claims; legal actions or other pressures by consumers, investors, activist groups, regulators, or others regarding the accuracy of companies’ sustainability claims; any noteworthy rulings or enforcement actions on this front; related best practices for companies.
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The European Union’s Product Liability Directive; main focus and potential impacts of the directive; recent developments regarding the directive’s status and implementation and enforcement timeline; how companies can best prepare to comply with the directive.
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A $7.5 million settlement that Beyond Meat is paying to resolve allegations that it exaggerated the amount of protein in its products; what the allegations in this case may illustrate regarding any of the following points: testing and labeling best practices; challenges being faced by the alternative-meat or plant-based protein industry in attracting and communicating with existing or would-be customers; related pitfalls to avoid; what to know about the state of the alternative-meat industry overall and how it’s performing.
Related information:
https://www.sfgate.com/la/article/calif-vegan-meat-company-settling-protein-19910230.php
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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).
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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
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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