United States: Product Liability & Safety

Dyson challenged Dreame's advertising claims that its hair styling products could dry shoulder-length hair in two minutes, arguing that accompanying images of models with much longer hair misled consumers about the products' actual capabilities. The National Advertising Division examined whether the visual presentation contradicted the explicit claim limitations and whether disclosures adequately clarified the performance boundaries.

The U.S. Food and Drug Administration has proposed converting its voluntary GRAS notification program into a mandatory requirement, fundamentally changing how food substances enter the market. Companies would be required to submit GRAS notices for substances marketed under Generally Recognized as Safe provisions, with limited exceptions and a streamlined process for existing ingredients.

Johnson & Johnson has agreed to pay approximately $5.5 billion to settle thousands of lawsuits alleging its talc-based products caused ovarian cancer, marking one of the most significant mass tort settlements in history.

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.

This monthly newsletter examines critical developments in product liability and mass torts, analyzing how bankruptcy proceedings affect liability claims, jurisdictional challenges in California courts...

Recent court decisions are reshaping litigation strategies across multiple domains, from judicial recusal procedures in California to standing requirements in consumer class actions.

On June 30, 2026, Judge Mia Roberts Perez of the U.S. District Court for the Eastern District of Pennsylvania denied plaintiff Bryce Martinez’s motion for leave to amend his complaint against 11 major food companies, holding that his proposed First Amended Complaint (FAC) failed to cure the primary defect with his original pleading: the failure to plausibly plead a causal link between any defendant’s ultra-processed foods (UPFs) and his alleged injuries

The U.S. Consumer Product Safety Commission has proposed a new mandatory safety standard for lithium-ion batteries in micromobility products like e-bikes and e-scooters, transforming voluntary compliance frameworks into federal requirements. The proposed rule introduces enhanced performance requirements, tamper-resistant battery enclosures, and expanded labeling obligations designed to address fire, explosion, and overheating risks identified through incident data.

The Supreme Court's landmark decision in Monsanto Company v. Durnell fundamentally reshapes pesticide litigation by clarifying federal preemption under FIFRA. This ruling addresses whether state tort claims can impose labeling requirements beyond EPA-approved standards, with implications extending far beyond glyphosate to affect the entire pesticide regulatory landscape and the balance between federal uniformity and state authority.