Archives: Product Liability

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Keurig Settlement An Expensive Reminder About Product Defect Reporting Obligations

This week, we welcome a post from Jim Ray, a partner in the Hartford office of Robinson & Cole LLP.  Jim’s practice includes environmental and product liability litigation and counseling, and he has assisted a number of clients implementing voluntary corrective actions under the CPSC Fast Track recall program. The United States Consumer Product Safety Commission … Continue Reading

Key Considerations For Foreign Manufacturers That Wish To Sell Products In The United States

Last week, I had the privilege of speaking at the American Bar Association’s Business Law Section Annual Meeting in Boston.  The title of my presentation was:  “Key Considerations for Foreign Manufacturers That Wish to Sell Products to the United States” which was presented at the meeting of the International Expansion and Cross-Border Transactions Subcommittee. Here are … Continue Reading

Legal Issues for Manufacturers To Consider When Selling Into New Markets

Manufacturers continue to look for ways to increase sales revenue without a massive infusion of capital.  Many companies have been successful in adapting current products for new uses and markets.  For instance, a company that makes aerospace components might use certain core competencies to develop products that can be sold in other markets without investing … Continue Reading

Department Of Justice (DOJ) Prioritizes Prosecutions Of Food Companies

The post below is a follow-up to an earlier post written by my colleagues, Edward Heath and Kate Dion. Edward is my partner and is Chair of Robinson + Cole’s White-Collar Defense and Corporate Compliance Practice. Kate is a litigation associate who routinely handles government and internal investigations for manufacturing clients. In the wake of … Continue Reading

Federal Trade Commission (FTC) Continues To Focus On Manufacturers’ Warranties

As readers of the blog know, we have written previously about the importance of periodically reviewing warranty language to avoid scrutiny from the Federal Trade Commission (FTC).   This week, the FTC blog published another article entitled “The latest word of warranties.” In the post, the FTC offered the following guidance: If your business offers warranties, here are … Continue Reading

Avoiding a Rocky Road: Lessons For Manufacturers From Blue Bell Creameries’ Listeria Investigation

The post below was written by my colleagues, Edward Heath and Kate Dion.  Edward is my partner and is Chair of Robinson + Cole’s White-Collar Defense and Corporate Compliance Practice.  Kate is a litigation associate who routinely handles government and internal investigations for manufacturing clients. Ice cream maker Blue Bell Creameries has found itself in a sticky situation that … Continue Reading

Five 2015 Corporate Compliance / Litigation Issues Manufacturers Need To Keep An Eye On

It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead.  Two weeks ago, Matt reported on significant issues in the labor/employment arena.  Last week, Pam reported on Environmental, Health and Safefy (EH&S) issues.  To round out the series, I’ll be writing about … Continue Reading

The Importance of Having A Document Retention Policy

Last week, I had the privilege of speaking at ACI’s 2nd Annual Consumer Products Regulation & Litigation Conference in Chicago.  During the conference, I moderated a panel of in-house attorneys that worked at General Electric, Williams-Sonoma, Deere & Co., and Nordstrom.  One of the issues that always comes up at conferences involving litigation is “e-discovery.”  For … Continue Reading

California’s Draft Initial List of “Priority Products” under Its Safer Consumer Products Program

On March 13, the California Department of Toxic Substances Control (DTSC) announced the initial draft list of “priority products” under the state’s Safer Consumer Products program.  Once the list is finalized, the program will requires companies to determine if there are less toxic alternatives to the chemicals in these consumer products. The three “priority products” … Continue Reading

Responsible Care Qualifies for Liability Protection (Again) under the SAFETY Act

The chemical industry’s Responsible Care Security Code has qualified for five years of continued protection under the SAFETY Act, run by the Department of Homeland Security (“DHS”).  Responsible Care was first recognized by DHS in 2009 as a Qualified Anti-Terrorism Technology under the Support Anti-Terrorism by Fostering Effective Technologies (“SAFETY”) Act of 2002 and was … Continue Reading

Looking Forward to 2014 For Manufacturers – Part III (Corporate Compliance/Litigation)

From a corporate compliance/litigation perspective, my watchlist includes 3-D printing (“additive manufacturing”) and the rise of consumer class actions particularly in the area of food and beverage and nutritional/dietary supplements and the impact those cases might have on all manufacturers and distributors. 3-D Printing / Additive Manufacturing: Almost every day, I see some sort of article … Continue Reading

Legal Issues To Consider When Purchasing Assets From Another Manufacturer

The decision to purchase the assets of a manufacturer raises a host of legal issues, including labor/employment, environmental, and product liability.  We thought we would do a group post to describe the first things that come to mind for each of us when one of our clients considers such a deal. Nicole:  As a labor … Continue Reading

3-D Printing: The Wave of the Future?

Last month, I had lunch with a friend who is an in-house lawyer who oversees intellectual property (IP) litigation for a diversfied international manfucturer.  During our lunch, we discussed the impact that 3-D printing will have on the marketplace over the next few decades.  The business and legal implications are wide ranging as some believe that it will revolutionize manufacturing and others … Continue Reading

Consumer Products Regulation & Litigation Conference: Failure to Warn Panel

The Manufacturing Law Blog provides timely commentary on issues of importance to manufacturers and distributors.  Contributors from the law firm of Robinson & Cole LLP are corporate compliance and litigation attorney, Jeff White; environmental, health and safety attorney, Pam Elkow;  and labor and employment attorney, Nicole Bernabo. In late June, I had the pleasure of speaking at … Continue Reading

A SIGNIFICANT CHANGE TO CALIFORNIA PROP. 65?

California’s legislature has moved closer to approving a measure that may significantly curb lawsuits filed against manufacturers and distributors under California Proposition 65 (“Prop. 65”).  A California assemblyman, Mike Gatto, has spearheaded an effort to pass an amendment to Prop. 65 that would allow a manufacturer or distributor to avoid both lawsuits and governmental enforcement … Continue Reading

Three Things You May Not Have Seen: The Affordable Care Act, Supplemental Environmental Projects, And Nutritional Supplement Manufacturer Shut Down By Court Order

* The Manufacturing Law Blog provides timely commentary on issues of importance to manufacturers and distributors.  Contributors from the law firm of Robinson & Cole LLP are corporate compliance and litigation attorney, Jeff White; environmental, health and safety attorney, Pam Elkow; and labor and employment attorney, Nicole Bernabo. Each week, Chris Matthews ends his show by … Continue Reading

The Launch of the Manufacturing Law Blog

For many months, I had been thinking about creating a blog that would focus on legal and related business issues that are facing manufacturers and distributors both within our firm’s northeast region footprint and through the country.  Although there are thousands of bloggers out there, few, if any, are focused on legal issues that face … Continue Reading
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