The recent wave of lawsuits against TikTok by over a dozen states and the District of Columbia[1] marks a significant moment in the ongoing scrutiny of social media platforms and their impact on youth mental health. The lawsuits allege that TikTok’s design and algorithm are intentionally addictive, contributing to various psychological harms among young users.
Legislative & Judicial Updates
Understanding the Proposed Amendments to California Proposition 65 From a Business Perspective
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.
Proposed California Legislation on Silicosis Prevention in Manufactured Stone Industry is Withdrawn
In July, a proposed bill named the Silicosis Prevention Act was withdrawn from consideration in California. This proposed bill would have substantially affected the manufactured stone industry by banning dry fabrication activities, imposing licensing requirements for employers and workers, and implementing a public database for violations and other state enforcement actions. Even though this version of the proposed bill was withdrawn, further legislative efforts targeting the manufactured stone industry are anticipated in the future.
Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration
On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act (“FAA”) compels the court to issue a stay and the court does not have discretion to dismiss the action. Smith v. Spizzirri, 601 U.S. 472 (May 16, 2024) (citing 9 U. S. C. §3).
Let’s Get Hitched: Florida Supreme Court Expands Interpretation of “Surviving Spouse” Under the Florida Wrongful Death Act
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26 (2015), even if their marriage to decedent occurred after decedent’s injury. This ruling has significantly redefined the scope of wrongful death claims and supersedes a longstanding common law doctrine in Florida that historically barred such recoveries.
MoCRA: Talc Testing and Sample Preparation Requirements
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, in a continuing series of posts diving into each aspect of MoCRA, covers the talc testing and sample preparation requirements which will be established by the FDA under MoCRA.
MoCRA: FDA Draft Guidance on Facility Registration and Product Listing
As we previously discussed, MoCRA requires cosmetic product manufacturer and processors to register their facilities with the U.S. Food and Drug Administration (FDA). On August 7, 2023, FDA announced that it had published a draft guidance on cosmetic product facility registration and product listings, as required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The draft guidance intends to help the industry by providing relevant requirements and definitions, explaining who is responsible for making submissions, what details to include, and how and when to make the submissions. It also provides information on exemptions, such as those for certain small businesses.
MoCRA: Updates to FDA Safety Substantiation Requirements
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, in our continuing series of posts diving into each aspect of MoCRA, covers the process for substantiating safety of cosmetic products.
Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants
On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the proper venue for defendant corporations sued by plaintiffs alleging first injury outside the state of Missouri. In the opinion, the Missouri Supreme Court held that venue is determined based on the location of the defendant corporation’s registered agent at the time the suit is filed, rather than the registered agent’s location on the date of a plaintiff’s first alleged injury, resolving an ambiguity contained in the statute.
Minnesota Repudiates Decades of Precedent for Survival and Wrongful Death Actions.
On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on behalf of a deceased party, that historically could not be brought after death; and (2) allowing trustee-plaintiffs to potentially recover for all damages allegedly suffered by the decedent, not just economic harms stemming from and related to the death of the deceased party.