On October 2, 2025, President Donald Trump nominated William “Billy” Hewes III, a Republican politician from Mississippi, to serve as a Commissioner of the U.S. Consumer Product Safety Commission (CPSC).
Synthetic dyes, once regarded as harmless ingredients that simply made foods more visually appealing and marketable, are now the subject of a dynamic bipartisan movement for reform. Thousands of food items in grocery stores in the United States utilize synthetic dyes, which have been linked to potential health risks, including behavioral effects in children and carcinogenicity in animal tests. One of these items, Red Dye No. 3—which is commonly used in candy and cereal—has been identified as carcinogenic by the FDA based on rat studies. Abroad, the EU mandates warning labels, while Australia and Japan restrict or ban them.
In recent years, the market for eco-friendly products has surged, driven by increasing consumer demand for sustainable and environmentally responsible options. However, this trend has also led to a rise in greenwashing claims, where companies are accused of making misleading or unsubstantiated environmental claims about their products. As American businesses strive to capitalize on the green movement, they must navigate the complexities of complying with the Federal Trade Commission’s (FTC) Green Guides to avoid potential liability risks.
On July 23, 2025, the U.S. Supreme Court, in a 6-3 vote, granted the Trump Administration’s request to stay a permanent injunction that had ordered the reinstatement of three Democratic CPSC Commissioners: Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr. (the “Commissioners”), after the Administration fired them from the independent agency without cause.
Relevant History
On December 29, 2023, the California Occupational Safety and Health Standards Board instituted an emergency regulation to address occupational exposure to respirable crystalline silica. This regulation addressed additional safety requirements for businesses involved in cutting engineered stone, improved monitoring for workplace sites, and increasing the ability for workers to report non-compliant employers. These emergency regulations became permanent in February 2025.
On Friday, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland ruled that the removal of Democratic Commissioners from the Consumer Product Safety Commission (“CPSC”) without cause was unlawful. This decision arises from a lawsuit filed by Commissioners Mary Boyle, Alexander Hoehn-Saric, and Richard Trumka Jr. against President Donald J.
The Kansas Supreme Court recently delivered another strong endorsement of the Protection of Lawful Commerce in Arms Act (PLCAA), further solidifying its role as a shield for lawful commerce in the firearms industry. In Johnson v. Bass Pro Outdoor World, LLC et al., the Court held that the PLCAA bars product liability and negligence claims against manufacturers and sellers when an injury results from a criminal misuse—even if the shooting was in some respects accidental.1
The electric vehicle (“EV”) revolution is reshaping the automotive industry, promising a greener future and reduced reliance on fossil fuels. However, as EV adoption accelerates, manufacturers face a growing legal and regulatory challenge: the risk of lithium-ion battery fires, which has sparked a wave of product liability lawsuits and regulatory scrutiny in recent months. For EV manufacturers, understanding the legal implications of these issues and proactively addressing safety concerns is critical to mitigating liability and maintaining consumer trust.
In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop necrotizing enterocolitis (NEC), a potentially fatal condition. This was a landmark win for the manufacturers who have been embroiled in ongoing litigation for several years, especially considering the plaintiff in this case asked the jury for a staggering $6 billion in punitive damages. Although the defense verdict in this case seemingly cleared the manufacturers, a St. Louis Court recently negated the verdict and ordered a new trial.