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:

Company Faces Product Liability Claims Over Chatbots’ Impact on Young Users 

Consider writing about:

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

Product Liability Highlights of 2024: What’s Your Verdict? 

Consider writing about:

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?

How Companies Make Themselves ‘Natural’ Targets for Consumer Lawsuits 

Consider writing about:

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://nationalpost.com/news/world/lawsuit-points-finger-at-canada-dry-schweppes-for-allegedly-not-containing-natural-ginger

https://www.charlotteobserver.com/news/business/article294290609.html

Grocery Chain Reaches $1.3 Billion Settlement Over Opioid Crisis 

Consider writing about:

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

Ford Motor Hit With $165M Fine Over Recall Requirements 

Consider writing about:

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.

Related information:

https://www.nbcnews.com/business/recall/ford-agrees-165-million-nhtsa-penalty-faulty-recall-accusations-rcna180461

How Sustainability Claims Can Expose Businesses to Risk 

Consider writing about:

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.

What’s Happening With the EU’s Product Liability Directive? 

Consider writing about:

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.

Alternative-Meat Company to Dish Out $7M Settlement 

Consider writing about:

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

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.