October 2024

Over one-third of Americans (36%) now report that they would continue to use products even after a recall, according to recent data collected by MasterControl, a provider of quality management and manufacturing software. The proportion of individuals continuing to use recalled products increases in younger age groups: 45 percent of Millennials (born from 1980 to 1994) and 59 percent of Gen Z (born from 1995 to 2012) admitted they would continue to use at least one kind of recalled product, whereas only 18 percent of Boomers (born 1946 to 1964) and 23 percent of Gen X (born 1965 to 1979) admitted the same.

The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). To reach the conclusion, the 3rd Circuit diverged from the 9th and 11th Circuits, thus creating a split between circuits and providing an opportunity for the United States Supreme Court to step in and make a definitive ruling on FIFRA preemption.  If the Supreme Court were to adopt the 3rd Circuit’s reasoning, FIFRA would preempt any state-law duty to warn claims that were inconsistent with EPA’s approved label for products containing glyphosate.

The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows.[1] This rule comes in response to 154 infant deaths and 64 serious injuries believed to be caused by these products between 2010 and 2022.[2] These deaths commonly involved infants under 3 months old who were sleeping with the nursing pillows in locations such as adult beds, cribs, playpens, or couches.[3]

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, has long been a significant regulatory framework for businesses operating within the state. Over the summer, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to its safe harbor warning requirements for consumer products which have sparked considerable discussion among business owners and industry stakeholders.

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each aspect of MoCRA. Here, we will introduce the FDA’s online portal, FDA Direct, and show how it can be used for complying with MoCRA’s Facility Registration and Cosmetic Listing requirements.