In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples tested, marking the third consecutive year of asbestos-free talc products in the United States. While this news is reassuring for industry participants, the legal landscape remains complex due to ongoing litigation. This article explores the legal implications, potential risks, and regulatory changes related to asbestos detection in cosmetic talc products.Continue Reading Legal Implications Following the FDA’s Release of Data on Talc-Containing Cosmetics, Which Confirm Absence of Asbestos for Third Consecutive Year

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.

Continue Reading 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 our continuing series of posts diving into each aspect of MoCRA, covers the process for substantiating safety of cosmetic products.

Continue Reading MoCRA: Updates to FDA Safety Substantiation Requirements

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.Continue Reading Minnesota Repudiates Decades of Precedent for Survival and Wrongful Death Actions.

The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the Supreme Court case, Boyle v. United Technologies Corporation, and applying admiralty law, held the government contractor defense was applicable to Plaintiff’s claims for product liability, breach of implied warranty, and negligence. In Groton, Defendant Warren Pumps moved for summary judgment asserting the government contractor defense. The court, after analyzing the record and standards for the defense, granted summary judgment in Warren Pumps’ favor.Continue Reading Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases

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 as we await its full implementation. We will focus on MoCRA’s mandate requiring the Federal Drug Administration (FDA) to establish Good Manufacturing Practices (“GMP”) that the cosmetic industry will have to follow going forward.

Continue Reading MoCRA: Good Manufacturing Practices – Why Should You Care?

As deadlines approach for cosmetic manufactures to comply with all requirements of MoCRA, there might be some worry on where to start. Husch Blackwell’s chapter by chapter breakdown of MoCRA provides guidance on where to begin. This chapter discusses the requirements of facility registration and product listing with compliance due date of July 1, 2024.

Continue Reading MoCRA: Facility Registration and Product Listing – Where to Begin?

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 as we await its full implementation. To begin, we will discuss whether MoCRA applies to your product and, if so, which entity should serve as the responsible person for ongoing compliance.  

Continue Reading MoCRA: Is My Product a “Cosmetic” and Who Is My “Responsible Person”?

On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York County, Index No. 190225/2018. Kaiser Gypsum moved for: 1) a judgment notwithstanding the verdict; 2) an order for a new trial; or, alternatively, 3) a remittitur of what Kaiser Gypsum called a clearly excessive verdict. All were denied.Continue Reading NYCAL Court Upholds $15M Asbestos Verdict, Appeal Imminent after Denial of Joint Compound Defendant’s Post-Trial Motions

On March 9, 2023, a federal judge granted summary judgment on causation to three manufacturers of asbestos-containing products in a maritime lawsuit arising from the death of Thomas Deem from mesothelioma. The judge held that Ms. Deem had failed to put on evidence sufficient to show that Decedent’s exposure to the products manufactured by three defendants—John Crane, Inc. (“JCI”), Crosby Valves, LLC, and the William Powell Company—was a substantial contributing factor to his developing mesothelioma. See Sherri L. Deem v. Air & Liquid Systems Corp., et al., No. 17-5965BHS (W.D. Wash. Mar. 9, 2023). Continue Reading Frequency, Regularity, Proximity: The Western District of Washington Requires More Than a Product’s Presence to Find Causation