United States: Product Liability & Safety

The U.S. Consumer Product Safety Commission has proposed the first mandatory federal safety standards for lithium-ion batteries in e-bikes, electric scooters, and similar micromobility products, marking a significant regulatory shift from voluntary compliance. The proposed rule would incorporate existing UL standards while adding new performance requirements, testing protocols, and labeling obligations that could affect manufacturers, importers, and retailers across the supply chain. Companies should evalua

The U.S. Court of Appeals for the Sixth Circuit, applying Ohio law, affirmed summary judgment in favor of an insured food manufacturer and held that thousands of bodily injury claims arising from an alleged salmonella...

The FEI has introduced new helmet testing standards for equestrian sport, implementing a phased approach over three years to enhance rider safety and reduce concussions. These evolving requirements establish progressively stricter certification criteria, ultimately mandating dual-standard compliance and quality testing marks by 2028.

A stipulated judgment between The Personal Care Products Council (PCPC) and the California Attorney General reinforces First Amendment limits on certain warning requirements under California’s Proposition 65...

While EPA has proposed modifications to certain PFAS drinking water regulations, the PFOA and PFOS limits remain firmly in place, and EPA has signaled that a restarted rulemaking process could yield additional requirements for the rescinded compounds in the future.

Two 2026 decisions show courts using the “reasonable consumer” standard to dismiss omission-based consumer fraud class actions at the motion to dismiss stage. Manufacturers and brand owners facing similar claims should take note: these decisions confirm that proactive challenges to implausible consumer interpretations can be dispositive before costly discovery begins.

The California Department of Toxic Substances Control (DTSC) has initiated rulemaking to list cleaning products containing hydrofluoric acid (HF) as Priority Products under California’s Safer Consumer Products (SCP)...

As generative AI and digital platforms face mounting legal challenges, companies must understand how plaintiffs are adapting traditional product liability theories to target modern technologies. This discussion examines emerging litigation strategies drawn from social media trials and AI lawsuits, exploring how these theories may extend beyond platform developers to enterprise users and service providers.

The Trump Administration's new AI Executive Order emphasizes innovation over regulation, while Florida launches a groundbreaking lawsuit against OpenAI alleging product defects and safety failures. As federal efforts to preempt state AI regulation face pushback, states are emerging as the primary battleground for AI accountability and governance.