Product Liability & Torts

Subscribe to Product Liability & Torts via RSS

The U.S. Consumer Product Safety Commission (CPSC) has issued a Notice of Proposed Rulemaking (NPR) that could significantly reshape the micromobility industry. The CPSC issued the NPR to address what it describes as an “unreasonable risk of death and injury” associated with lithium-ion batteries used in micromobility products, including risks tied to thermal runaway that can lead to fires, explosions, gas releases, burns, overheating, and smoke inhalation. If finalized, the rule would impose mandatory safety requirements on a wide range of popular consumer products — from e-bikes to hoverboards.

Continue Reading 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

In a Law360 article published today, “How Food, Beverage Claims May Preview Cosmetic Litigation,” Crowell attorneys argue that class action litigation trends from the food and beverage industry — including lawsuits over “natural” labeling claims, deceptive packaging (slack-fill), and greenwashing — are directly foreshadowing, and providing a strategic roadmap for, the wave of similar litigation…

A new bill introduced in the California legislature proposes to overhaul the state’s product recall liability framework—and depending on where you sit in the supply chain, the consequences could be far-reaching. Assembly Bill 2462 would amend the state’s Product Recall Safety and Protection Act to redefine who qualifies as a “manufacturer,” broaden the scope of cost-free recall obligations, and dramatically increase penalties for violations. Introduced by Assembly Member Pellerin on February 20, 2026, the bill’s provisions would apply across the consumer product supply chain, touching manufacturers, importers, distributors, wholesalers, retailers, and, most notably, brand licensors.

Continue Reading The Hidden Recall Risk in Your Licensing Agreement: What California’s Assembly Bill 2462 Could Mean for Your Business

On February 12, 2026, a bipartisan group of legislators in Maryland proposed the Maryland Artificial Intelligence Toy Safety Act. This proposed legislation would amend the Maryland Consumer Protection Act to establish a sweeping regulatory framework for AI-enabled toys sold in the state, covering any device that uses machine learning, conversational AI, behavioral modeling, or similar computational processes and is marketed to or primarily used by children. This proposed legislation adds to a growing trend of increasing efforts, at both the federal and state levels, to regulate the use of AI in products and services used by children.  

Continue Reading Maryland’s Artificial Intelligence Toy Safety Act: State-Level Regulation Fills the Federal Void on AI in Children’s Products

Day 4 marked the close of the ICPHSO 2026 Annual Meeting & Training Symposium in Orlando, Florida following a jam-packed week of education, exploration, and meaningful dialogue about the future of product safety and regulatory compliance in the U.S. and beyond. The day began with the traditional passing of the gavel to welcome incoming ICPHSO president Dani Cugini while acknowledging and celebrating the accomplishments of outgoing President Chris Harvey.  

Then, in a first ever for ICPHSO, participants were thrust into the Courtroom for a mock-trial experience, giving many product safety professionals their first inside look at the complexities and challenges of litigating safety and products liability issues. Crowell’s “court reporter,” Sean Ward, was on the scene with a riveting recap of all the action. As court was called to recess, Day 4’s short program concluded with a series of plenary sessions highlighting the consumer perspective and the need for inclusive and proactive safety solutions that recognize the dynamic challenges faced by vulnerable populations and ensure accessibility to safety information for all. 

Below is a closer look at select sessions from the final day of ICPHSO 2026. 

Continue Reading Day 4 of the ICPHSO Symposium: Courtroom Drama & Consumer Voices  

Tuesday, February 24 was the second day of the ICPHSO Annual Meeting and Training Symposium in Orlando, Florida. The Crowell team was on the ground throughout the day, and the sessions did not disappoint. From cybersecurity standards for IoT devices and the European Union’s (EU) sweeping new compliance obligations — the General Product Safety Regulation (GPSR), the Ecodesign for Sustainable Products Regulation (ESPR), and Digital Product Passports — to U.S. Consumer Product Safety Commission (CPSC) eFiling deadlines and the challenge of age-grading products in a social media landscape, the recurring question was the same: how do regulators, companies, and standards bodies stay ahead of a marketplace that never stops moving?

With that backdrop in mind, here are some highlights from the day’s sessions and key takeaways for product safety professionals today.

Continue Reading Day Two of the ICPHSO Symposium: The Race to Keep Pace — Regulation in a Fast-Moving World
Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law-GettyImages-1331137712-Sm

Crowell attorneys have closely monitored developments related to the California Invasion of Privacy Act (“CIPA”). In particular, we have watched plaintiffs attempt to extend this wiretapping law to encompass website chatbot communications that are managed by third parties.

The Ninth Circuit Court of Appeals recently addressed key CIPA issues in Thomas v. Papa John’s International, Inc., No. 24-3557. The decision reaffirms CIPA’s eavesdropping standard as well as the specific personal jurisdiction standard set out in its recent en banc decision, Briskin v. Shopify, Inc., 135 F.4th 739 (9th Cir. 2025).

Continue Reading Ninth Circuit Affirms that CIPA Only Applies to Third-Party Eavesdropping

On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap…

United-States-Supreme-Court-building-GettyImages-617600672-Sm

On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury.[1] The 5-4 decision has resolved a 3-2 circuit split over whether…

mocra white paper blog

Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.

FDA is continuing to monitor the cosmetic industry’s compliance with MoCRA. On March 13, 2025, FDA released data summarizing the number of active facility registrations and product listings submitted pursuant to MoCRA’s requirements.

Continue Reading MoCRA Under the Trump Era: A Look at FDA’s Monitoring and Enforcement Two Months In