Duane Morris Blog » Product Liability
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Clients, ranging from some of the world's largest manufacturers and insurance companies to startup companies and individual inventors, turn to Duane Morris for counsel and representation regarding products liability and toxic torts. Duane Morris has for many years worked with clients to develop cost containment and strategic litigation plans resulting in high-level representation without..
Duane Morris Blog » Product Liability
4d ago
The global market for intimate wellness products is expected to grow to $81.4 billion by 2028, up from $51.9 billion in 2021, according to recent market research reports. Once taboo, or the topic of hush-hush conversations, intimate wellness brands are increasingly crossing over into mainstream wellness marketing, collaborating with well-known fashion and beauty brands and ..read more
Duane Morris Blog » Product Liability
2M ago
On August 15, 2024, the United States Court of Appeals for the Third Circuit held in Schaffner v. Monsanto that the plaintiff’s Pennsylvania state-law claims, which asserted that Monsanto failed to warn about alleged cancer risks presented by glyphosate (the active ingredient in the weed killer Roundup), were expressly preempted by the Federal Insecticide, Fungicide and Rodenticide ..read more
Duane Morris Blog » Product Liability
3M ago
The U.S. Consumer Product Safety Commission (CPSC) recently found Amazon to be a “distributor” with product liability responsibility for products sold on its website. In a July 29, 2024, ruling, the CPSC said Amazon is legally responsible for over 400,000 allegedly hazardous items sold by third-party sellers on its site. Amazon.com, Inc., CPSC Dkt. No. 21-2 (July ..read more
Duane Morris Blog » Product Liability
3M ago
By Jim Steigerwald, Harry Byrne, and Ryan Monahan The potential for rulemaking in 2024 from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) has been deferred to 2025 at the earliest, including on key state-of-the-art technologies such as automatic emergency braking (AEB) in heavy and medium-duty trucks. The ..read more
Duane Morris Blog » Product Liability
4M ago
A medtech startup typically focuses on two key legal needs: (1) ensuring that its technology has proper and thorough intellectual property protection, and (2) outlining a detailed pathway for FDA clearance. Those two priorities are understandable. The areas of intellectual property protection and a regulatory pathway are threshold issues that every potential investor wants addressed ..read more
Duane Morris Blog » Product Liability
4M ago
Duane Morris attorney Kelly Bonner was quoted in an article in WWD on June 25, 2024. “A big deadline in the beauty and personal care regulatory landscape is fast approaching, with much more to come — although some experts believe this still isn’t enough. Under the Modernization of Cosmetics Regulation Act, or MoCRA, passed by Congress at ..read more
Duane Morris Blog » Product Liability
5M ago
In the evolving universe of multidistrict litigation, begun in the antitrust cases against major electronics manufacturers in the 1960s, federal courts have developed varying approaches to fulfilling their responsibilities to achieve efficiency and reduce costs. This process continues today almost 60 years since the creation of the first MDL. Read the Law360 article by Alan Klein and ..read more
Duane Morris Blog » Product Liability
7M ago
On April 5, 2024, the U.S. Food and Drug Administration (FDA) confirmed that its third-party testing of cosmetic talc products for 2023 identified no traces of asbestos in any of the 50 cosmetic samples tested. FDA’s 2023 results, which were reported in a Cosmetics Constituent Update, are consistent with its testing for 2022 and 2021, which also failed to detect ..read more
Duane Morris Blog » Product Liability
1y ago
By Alan Klein and Ethan Feldman In Hangey v. Husqvarna, the Pennsylvania Supreme Court recently ruled that the percentage of a corporate defendant’s total revenue generated from a forum county alone is insufficient to support the proposition that a defendant does not “regularly conduct business” in the county when analyzing whether a lawsuit’s venue is ..read more
Duane Morris Blog » Product Liability
1y ago
Despite positive projections about the future of the beauty industry, insiders say brands of all sizes are quietly grappling with unseen legal struggles. [Founders] blamed, in large part, the California Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Prop 65. “[Prop 65] requires products sold in California to have a special ..read more