Savvy Cosmetics Consumers Know Better, Says Ninth Circuit

Everyone likes a bit of fancy packaging with their $25 lip gloss. Plaintiff Angela Ebner was presumably no exception, that is, until she brought a putative consumer class action against cosmetics manufacturer Fresh, Inc. alleging that the label, tube design and packaging of its Sugar lip product were deceptive and misleadingRead the full article →

Tyson Foods — What It Means

As anyone interested in class actions and mass torts surely knows, last week the United States Supreme Court issued its decision in the much-anticipated Tyson Foods, Inc. v. Bouaphakeo appeal.  While practitioners and corporations may have been hoping for sweeping pronouncements with black and white application regarding the use of Read the full article →

NHTSA Advances The Ball (Or Wheels) On Automated Cars

In my last post here at Weil’s Product Liability Monitor, I wrote about Google’s self-driving cars and how the National Highway Traffic Safety Administration (“NHTSA”) agreed to treat Google’s operating software as the “driver” for purposes of NHTSA’s Federal Motor Vehicle Safety Standards (“FMVSS”).  I also discussed a number of FMVSS provisions thatRead the full article →

Young Marijuana Industry Provides Helpful Case Study

In October, we reported on the filing of the marijuana industry’s first class action lawsuit, Flores v. LivWell, Inc., in Colorado state court by two marijuana users.  Plaintiffs alleged that LivWell sprayed thousands of its plants with a dangerous fungicide known as Eagle 20 and that, when burned, it releasesRead the full article →