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.

In October 2023, a New York medical doctor sat down for a fateful meal with her husband and her mother-in-law at a Florida restaurant owned by the adjacent theme park.[1] The doctor, who suffered from severe nut and dairy allergies, received numerous confirmations from restaurant staff that the food she ordered complied with her dietary restrictions.[2] Before selecting the restaurant, she relied on statements made on the theme park company’s website that the restaurant offered allergen-free foods.[3] After dinner, while perusing nearby shops by herself and away from her family, the doctor suffered a severe allergic reaction.[4] She self-administered an epi-pen and was rushed to the hospital but died as a result of anaphylaxis due to elevated levels of dairy and nut in her system.[5]

As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some lithium-ion batteries are already subject to regulations, rechargeable batteries used in “micro-mobility devices” such as electric bikes and scooters are currently not subject to any federal safety standards. Some advocates contend that a lack of regulation has led to an increase in fires caused by poor quality, defective batteries. According to a report by CBS News New York, defective lithium-ion batteries have allegedly resulted in 400 fires, 300 injuries, and 12 deaths between 2019 and 2023 in New York City alone.

Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal challenges faced by manufacturers of highly specialized products, such as the formulas involved in these cases, but also underscore the potentially devastating effects on the availability and use of essential formula to provide preterm infants with adequate nutrition. In response to these bloated jury verdicts, the president of the American Academy of Pediatrics, Benjamin Hoffman, M.D., issued a statement declaring that preterm infant formula “is a routine and necessary part of care of these preterm infants” and warning that “[c]ourtrooms are not the best place to determine clinical recommendations for the care of infants . . . we must take steps to protect the supply of infant formula for those who need it.”

Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the pace of such filings. Instead, as the filing of new matters continued, the number of defendants named in such filings substantially increased.

The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity under current established doctrine in Yearsley and Boyle because all of GE’s work and equipment at issue was performed and/or designed pursuant…