Since the Federal Trade Commission (“FTC”) published its updated 2023 Guides Concerning the Use of Endorsements and Testimonials in Advertising earlier this year, consumer reviews have been front of mind. This guidance covers, in part, the treatment of consumer reviews, and companies have been (or should be) preparing for an uptick in FTC enforcement. But it’s not just the FTC to watch out for. A recent wave of class actions arising under California Civil Code § 1670.8 related to a customer’s right to make statements about their experience with a seller has raised the bar for retailers to another level.Continue Reading I Can’t Say What? New Wave of Class Actions Target Consumer Review Terms & Conditions

The second half of 2022 proceeded much like the first, with manufacturers busy navigating recalls and related litigation, although not necessarily in that order.

Philips CPAP/ BiPAP Machines Still Under Fire

Philips is still battling an onslaught of cases stemming from a June 2021 recall of CPAP and BiPAP breathing machines, including a consolidated consumer class action, In re Philips Recalled CPAP, Bi-Level PAP, & Mechanical Ventilator Products Liability Litigation, No. 2:21-mc-01230 (W.D. Pa.), MDL No. 3014, and a medical device supplier suitBaird Respiratory Therapy, Inc. v. Philips, 2:22-cv-00886 (E.D. Pa.). Since early 2021, there have been reports of over 260 deaths and thousands of health problems associated with the degrading polyurethane foam found in these devices, which was used inside millions of CPAP and BiPAP machines for over a decade. Philips claims that it has produced over 3.95 million repair kits and replacement devices to date and continues to research potential health risks to users from its machines. Despite these efforts, its legal troubles will continue into 2023, with even more consumer-facing lawsuits, including Braverman v. Koninklijke Philips N.V., No. 2:22-cv-7927, which was first filed at the end of December 2022 in the U.S. District Court for the Eastern District of New York and is one of the first CPAP/BiPAP suits to allege the inhalation of the toxic foam particles caused mouth and tongue cancer. Continue Reading Recall Litigation Report: Year in Review (2022)

In the first half of 2022, manufacturers have been as busy as ever navigating recalled products and fielding the class action lawsuit that often (but do not always) follow.

CPAP Litigation Finds New Defendant 

For the last year, Philips Respironics (“Philips”) has been inundated with lawsuits  brought by consumers and medical device suppliers, over its CPAP and BiPAP breathing machines. And in more recent months, SoClean, a manufacturer of sanitation machines specifically designed to work with CPAP and BiPAP sleep apnea equipment, has been defending itself against a lawsuit of its own.Continue Reading Recall Litigation Report: 2022 Mid-Year Recap

As the world continues to settle into its new normal regulators have so too. Recently, State Attorneys General (AGs) are increasingly focused on several specific enforcement priorities, including (1) price gouging; (2) privacy concerns; (3) antitrust litigation; and (4) harmful substances in products and environmental issues. Many of these priorities have gained prominence in the midst of the COVID-19 pandemic.
Continue Reading Enforcement in the New Normal: Recent Trends in State AG Enforcement

On December 17, 2010, GeoTag, Inc. filed seven patent infringement lawsuits in the U.S. District Court for the Eastern District of Texas against more than 150 retailers. The seven lawsuits will likely be consolidated in some manner (if only for administrative purposes) and will be one of the largest patent litigations ever brought in that Court. Although most of the nation’s larger retailers are named as defendants, even retailers not yet sued have a vested interest in this litigation as it may eventually impact any retailer with an on-line presence.
Continue Reading More than 150 Retailers Targeted by GeoTag, Inc. in Patent Lawsuit Over Store Locator Website Function