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
California AB 1200 vs. Proposition 65
California's AB 1200 and Proposition 65 create overlapping yet distinct compliance obligations for food packaging and cookware manufacturers. While AB 1200 bans PFAS in plant-fiber packaging and mandates extensive chemical disclosures for cookware, Prop 65 requires warnings when consumer exposure to listed chemicals exceeds safe harbor levels. Understanding how these regulatory frameworks intersect—and where they diverge—is critical for managing product stewardship, supplier compliance, and enfo
United States Consumer
SJ
Steptoe LLP
Article
The Sixth Circuit Sides With Smucker On The Number Of “Occurrences”
The Sixth Circuit affirmed summary judgment for J.M. Smucker Company in a dispute over how many insurance retained limits applied to thousands of claims from a 2022 peanut-butter salmonella recall. ACE American Insurance argued each claimant's exposure was a separate occurrence, potentially requiring Smucker to satisfy up to $112.5 million in retained limits, while Smucker contended the contamination constituted a single occurrence under Ohio law's cause test.
United States Insurance
N
Nossaman LLP
Article
Congressmen Introduce REAL Butter Act
A bipartisan group of U.S. Representatives has introduced legislation requiring clear labeling for lab-grown butter products, aiming to distinguish them from traditional dairy butter. The REAL Butter Act would mandate that butter made from carbon dioxide and other non-dairy methods be labeled as "lab-created butter," addressing concerns about consumer transparency and the competitive landscape for dairy farmers.
United States Consumer
SH
Shook, Hardy & Bacon
Article
Third Circuit Clarifies That Product-Line Successor Liability Claims Are Property Of The Bankruptcy Estate
This monthly newsletter examines significant legal trends and landmark cases in product liability and mass torts, from RICO liability in fabricated medical records schemes to AI chatbot regulation and PFAS drinking water standards. The analysis covers critical developments including the Supreme Court's FIFRA preemption ruling in Roundup litigation, bankruptcy estate successor liability clarifications, and emerging issues around AI-generated expert testimony.
United States Litigation
D
Dechert
Article
Consumer Products Corner - Strong Demand Meets Rising Costs As Supply Chain Gains Remain Under Strain
Manufacturing PMI has accelerated to its strongest level since mid-2022, while spot trucking rates and crude oil prices have surged dramatically in early 2026. The Strait of Hormuz disruption has compounded cost pressures across consumer sectors, though an interim U.S.-Iran ceasefire may bring margin relief if peace holds through the critical Q3 retail build-up period.
United States Consumer
A
AlixPartners
Article
SCOTUS: FIFRA Preempts State Failure-to-Warn Tort Claims
The U.S. Supreme Court's decision in Monsanto Co. v. Durnell addresses whether federal pesticide labeling law preempts state tort claims alleging failure to warn about cancer risks not required by EPA. This landmark ruling resolves a circuit split and has significant implications for product liability litigation involving FIFRA-regulated pesticides. The decision clarifies the scope of federal preemption when EPA has affirmatively evaluated risks and approved product labeling.
United States Litigation
BD
Beveridge & Diamond
Article
CPSC’s Proposed Micromobility Rule Could Reshape The E-Bike And E-Scooter Industry: What Manufacturers And Retailers Need To Know About Lithium-Ion Battery Safety Requirements
The U.S. Consumer Product Safety Commission has proposed sweeping new safety regulations for lithium-ion batteries in micromobility products like e-bikes and e-scooters, citing unreasonable risks of fires and explosions. The proposed rule would mandate compliance with modified UL standards and extend requirements to aftermarket batteries, chargers, and conversion kits. Manufacturers and retailers across the supply chain face significant compliance obligations if the rule is finalized.
United States Consumer
CM
Crowell & Moring LLP
Article
The Rise Of Big Food Litigation: Is A Landmark Decision In Pennsylvania Only The Beginning?
The food and beverage industry faces a new wave of litigation modeled after Big Tobacco cases, with plaintiffs alleging that ultra-processed foods cause chronic diseases like diabetes and liver disease. A landmark Pennsylvania ruling dismissed the first major case due to insufficient causation evidence, but coordinated lawsuits across multiple jurisdictions and a government action in California signal that this legal battle is just beginning.
United States Litigation
AP
Arnold & Porter
Article
Supreme Court: FIFRA Preempts State Failure-to-Warn Claims Contrary To EPA-Approved Labeling
The U.S. Supreme Court's 7-2 decision in Monsanto Co. v. Durnell establishes that EPA-approved pesticide labeling under FIFRA preempts state-law failure-to-warn claims requiring additional cancer warnings. This landmark ruling reinforces federal regulatory authority over product labeling and significantly impacts pending litigation nationwide, while raising critical questions about the balance between federal preemption and state tort remedies for manufacturers operating under agency-approved labeling regim
United States Consumer
HK
Holland & Knight
Article
Roundup®, FIFRA, And Federal Uniformity: The Supreme Court Speaks
The U.S. Supreme Court's landmark decision in Monsanto Co. v. Durnell addresses whether federal pesticide labeling requirements preempt state-law failure-to-warn claims, potentially reshaping the landscape for hundreds of pending product liability cases. At the heart of the case lies a fundamental question: can state juries require pesticide manufacturers to include warnings beyond those approved by the EPA, or does federal law establish exclusive control over pesticide labeling? The 7-2 ruling provides cri
United States Consumer
BC
Bergeson & Campbell
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