On March 16, 2021, Virginia became the fourth state—following California, Nevada, and Illinois—to enact legislation banning the testing of cosmetics on animals and the sale of cosmetics that have been tested on animals. Similar legislation may follow in other states, and Representative Don Beyer of Virginia has indicated he intends to reintroduce federal legislation to establish this ban nationwide.
From a defense perspective, whenever a cosmetic product company is sued in a product liability lawsuit, it is helpful to have a strong record of safety…
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Product Liability
“A lady bit down on a pit in an olive …” may sound like the opening line to a bad joke, but the defendant she sued for her injuries with the help of an injury lawyer from https://www.braininjurylawyersorangecounty.com/ appears to have had the last laugh.
The plaintiff filed a personal injury claim with the help of a personal injury attorney from www.kwdllp.com/workplace-accidents/ against the defendant in California state court for products liability and pursued theories of strict liability, negligence and breach of an express written…
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FDA Commissioner Dr. Scott Gottlieb announced this week that he was requesting furloughed federal employees to return to work and resume inspections of certain high-risk foods. Typically, the FDA conducts about 160 food inspections per week. Inspections have been halted since the federal government shut down and 40% of the FDA’s workforce was put on furlough. Dr. Gottlieb stated that he hoped that several hundred workers would return without pay to resume inspections of foods such as soft cheeses, seafood, some fruits and vegetables, baby…
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On July 14, 2017, a New Jersey Federal District Court Judge handed Johnson & Johnson a victory in a case involving talc and ovarian cancer, dismissing the plaintiff’s amended complaint for lack of standing and for failure to state a claim.
Initially, the plaintiff filed her complaint in California Federal District Court, alleging that Johnson & Johnson engaged in unfair business practices by manufacturing, marketing, and distributing talc-based baby powder products without informing consumers that use of baby powder by women could lead to an…
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In this case, the plaintiff, Nicole Weber, appealed the United States District Court for the District of Arizona’s dismissal of her second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The issue on appeal before the Ninth Circuit panel was whether Weber’s allegations were sufficient to survive a 12(b)(6) motion under the Twombly/Iqbal standard requiring a complaint to set out a plausible claim. Since the Supreme Court’s rulings in Bell Atlantic v. Twombly and Ashcroft v. Iqbal, federal district courts have seen…
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A recent win for the defense in New Jersey highlights how challenging an expert’s use of unreliable data and methods can be an effective way to prevail. The carefully drafted February 20, 2015 opinion by Judge Nelson Johnson of the Superior Court of New Jersey was a major win for the pharmaceutical manufacturer of Accutane, an acne medication, which the plaintiffs’ said caused them to develop Crohn’s disease. The decision is available here through Law360.
Judge Johnson issued his decision after a hearing that…
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On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc.Having originally granted allowance of appeal to decide whether to replace the strict liability analysis of Section 402A of the Restatement Second, Pennsylvania’s highest court declined the opportunity and instead overruled its 1978 ruling in Azzarello vs. Black Brothers, 391 A.2d 1020 (Pa. 1978). The four justice majority opinion (available here), written by Chief Justice Ronald D. Castille, held that Pennsylvania will continue to apply…
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In a significant win for Secant Medical LLC, (Secant), Judge Arnold L. New of the Court of Common Pleas of Philadelphia County granted its motion to dismiss mass tort pelvic mesh personal injury claims in a decision dated August 22, 2014. The court held that under the Biomedical Access Assurance Act (BAAA), Secant is not a manufacturer or seller of the pelvic mesh. Secant, a Pennsylvania company, was undoubtedly named to defeat diversity jurisdiction in an effort by plaintiffs to stay in state court in…
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Litigation
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- Accutane Bowel Disease Lawsuit Results in $1.5M Verdict in Retrial
- AndroGel Stroke Lawsuit Filed Over Testosterone Gel Side Effects
- GranuFlo and NaturaLyte Use Identification Process Outlined By Judge
- Actos Trial Underway in Las Vegas Over Bladder Cancer in Two Users
- Benicar Lawsuit Filed Over Chronic Diarrhea, Intestinal Problems
- J&J Unit Hit With $3M Jury Verdict in Topamax Row (subscription required)
- Roche Defends Accutane Against New Evidence in NJ Retrial (subscription required)
- Zyprexa Fines Irrelevant in Actos Trial, Eli Lilly Says
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