United States: Product Liability & Safety

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Consumer protection law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve consumer protection regulations and the developing law surrounding them from specialists working in this area.
Article
D.C. Circuit Rebuffs Challenge To EPA’s PFOA And PFOS Hazardous Substance Rule
In April 2024, EPA designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). As previously discussed in Re:Torts, industry groups challenged the designation, arguing that EPA misread the phrase “may present substantial danger” as requiring only a “possibility” of harm. The groups also argued EPA gave inadequate notice of its cost-benefit methodology and acted arbitrarily and capriciously.
United States Environment
D
Dechert
Article
New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles
Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European Union Environment
BD
Beveridge & Diamond
Article
California’s Ban On PFAS: The Law May Be Clear, But The Rules Are Not
California has enacted some of the nation's most aggressive PFAS regulations, moving beyond warning requirements to outright bans on these substances in food packaging, juvenile products, cosmetics, and textile articles. While these restrictions are already in effect, manufacturers face a critical compliance gap as official testing methods and enforcement guidance won't be finalized until 2029. This regulatory landscape creates immediate litigation risks under California's Unfair Competition Law, making pro
United States Consumer
B
Benesch Friedlander Coplan & Aronoff LLP
Podcast
FDA’s Proposed GRAS Rule - Mandatory Notifications, Expanded Scope, And Open Questions (Podcast)
The FDA has proposed a major overhaul to the Generally Recognized as Safe (GRAS) framework that would transform the voluntary notification system into a mandatory one while expanding its scope and creating new pathways for existing substances. This proposed rule could fundamentally alter how food and ingredient companies approach GRAS determinations, potentially requiring notifications for previously self-affirmed substances and introducing new post-market scrutiny mechanisms. The changes raise critical que
United States Consumer
KD
Kelley Drye & Warren LLP
Article
No Duty To Innovate: California Supreme Court Rejects Liability For Delaying A Safer Alternative Drug
In a significant victory for product manufacturers, the California Supreme Court rejected a novel negligence theory that would have imposed liability for failing to bring a potentially safer product to market more quickly. In Gilead Tenofovir Cases, the court held that a drug manufacturer cannot be liable for injuries caused by a concededly nondefective drug simply because it delayed developing or commercializing a different product that later proved safer.
United States Consumer
WT
Winston Taylor
Article
Pennsylvania Supreme Court Upholds Duty-to-Disclose Requirement For UTPCPL Catch-All Claims
The Pennsylvania Supreme Court recently addressed whether manufacturers can be held liable under consumer protection laws for failing to disclose potential product defects that manifest after purchase. In Halpern v. Ricoh, U.S.A., Inc., the Court examined whether a vendor's silence about a latent defect constitutes "deceptive conduct" under Pennsylvania's catch-all consumer protection provision, establishing important boundaries for when disclosure duties arise in product liability cases.
United States Litigation
JD
Jones Day
Article
California Supreme Court Raises The Bar On Blanket Challenges Against Judges
This monthly newsletter examines critical developments in tort law, bankruptcy discharge limitations, judicial recusal procedures, and consumer protection litigation. From a Louisiana bankruptcy court's ruling on unknowable product liability claims to the California Supreme Court's restrictions on judge removal, these cases reveal evolving standards that impact litigation strategy across multiple practice areas.
United States Litigation
D
Dechert
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