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Vol. 37, Nos. 1-42, pp. 1-1120 Jan. 5 -- Oct. 26, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
CAFA
– Airplane crash, stay of consolidated cases granted to allow litigation to proceed in China (Cal. Ct. App.), 281
– Asbestos
– – Hazards of third-party products, no duty to warn (Cal. Ct. App.), 279; another division rejects, says shipboard pump and valve maker may be liable for mesothelioma contracted by exposure (Cal. Ct. App.), 1029
– – Navy ship worker reaches accord with maker (Cal. Super. Ct.), 247 – – Sophisticated user, defense only applies to failure to warn claims, firm liable for defectively designing Navy boilers (Cal. Ct. App.), 979; jury verdict inconsistent, new trial ordered, 1000
See AVANDIA
See BISPHENOL
– Breach of warranty, unfair competition, fraudulent concealment, and unjust enrichment, class action against window maker certified (E.D. Cal.), 998 – Canned tuna, mercury poisoning, Proposition 65 not applicable to naturally occurring chemicals (Cal. Ct. App.), 342 – Class actions, unfair competition law only requires named representative to have standing and prove reliance (Cal.), 595 – Explorer rollover, punitive award for harm to third parties not improper, (Cal.), 534 – False advertising, pasta sauce labeled all natural, claim not preempted (N.D. Cal.), 183 – Fraud, negligence, and deceptive practices, class action for less effective generic alternative to Wellbutrin XL (Cal. Super. Ct.), 668 – Generic drugs, liability and preemption cases by users against makers, state supreme court will not rehear (Cal., rev den), 100 – Health and medical products – Lead-based pigments, AstroTurf to eliminate in synthetic grass products, 918 – Limitations period, multiple injury claims from same action, state Sup. Ct. asked to clarify (9th Cir.), 405 – Misrepresentation and deceptive marketing, Vioxx class action under state laws denied certification (Cal. Super. Ct.), 575 – Motor vehicles
– – Gas-mileage deception claims for hybrid car not preempted (Cal. Ct. App.), 64
– – Rollovers, Nissan Pathfinder plaintiff may pursue roof-defect theory at retrial despite failure to make claim in first trial (Cal. Ct. App.), 153 – – Tires, auto repair shops required to check pressure, 372 – Prejudgment interest, recovery of total amount from each defendant found jointly and severely liable rejected (Cal. Ct. App.), 410 – Protection of Lawful Commerce in Arms Act, negligence claims against seller without federal license not barred (9th Cir.), 594 – Seat belts, lap-only suit preempted by motor vehicle standard (U.S., briefs sought), 1066 – Unfair competition and consumer remedies, private enforcement of Food, Drug, and Cosmetic Act by LASIK patients preempted (S.D. Cal.), 1008
– Computers, sales contract arbitration clause does not bar to suit for defective Dell laptops, class certified (Ontario Super. Ct.), 188
– Phthalates, Health Canada publishes draft rule banning import, sale, or advertisement of soft vinyl toys and other child care articles containing, 720 – Regulatory safety initiative moves ahead as legislation stalls, 504
– Asbestos
See ASBESTOS
– Drugs
See PHARMACEUTICALS
– Flea and tick collars, propoxur, failure to warn of cancer potential claim filed (Cal. Super. Ct.), 501 – Tobacco products
See CIGARETTES
– Carousels powered by candles, CPSC recall, fire hazard, 14
– Recalls, monthly report, BNA, May, 675
See CHILD RESTRAINTS
– Flammability, CPSC request for comments, 453
– Breast cancer, woman who claimed hormone replacement drugs caused has no claim, no generally accepted method for diagnosing cause (Minn. Ct. App.), 838
– Etodolac, widow has no claim for husband's death where evidence medication came from recalled lot insufficient (E.D. Pa.), 666 – Expert witnesses
See EXPERT WITNESSES
– Paxil, class action certification rejected, elements giving rise to civil liability may not be established on collective basis (Quebec Super. Ct.), 934 – Safety expert, jury may conclude employer failed to provide evidence that power roller machine maker negligence caused hand injuries (Tex. Ct. App.), 907
See TOXIC CHEMICALS; specific chemicals
– Bisphenol
See BISPHENOL
See NANOTECHNOLOGY
See PHTHALATES
– Attachment difficulties
– – Dorel Juvenile Group rear-facing seats, NHTSA announces evaluation, 230; Designer 22 infant seats, NHTSA opens investigation, 991; NHTSA recall report, 1021
– – Maxi-Cosi Mico infant child restraints, recall issued, 848; CPSC recall report, 1021
– – Circo seats, Target recalling, 890; recall report, 1021
– – Nat'l Child Passenger Safety Week, NTSB urges Ariz., Fla., and N.D. to pass laws requiring, 990 – – NTSB applauds Alaska and Tex. for adopting laws requiring, 725 – Evidence, car seat maker's regulatory compliance properly excluded from jury consideration but should have allowed in weighing punitive award (Mont.), 1030 – Harness straps that could detach, Britax announces recall, 44 – Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; May, 675 – Safety initiatives, DOT announces, 509 – Sharp edge on exposed part, Peg Perego announces recall, 44 – Side impact standards, NHTSA ordered to develop, 509 – Standing, class action not alleging injury lacks (N.D. Cal.), 476 – Testing, seat choice list, automaker request to change amendment from annual to 3-year cycle denied, 543 – Tightening of harness, Recaro announces recall, 297
– Activity centers, Evenflo Co. recalls over fall hazard, 230
– Bath seats and infant walkers, CPSC issues safety standards, 915; proposed standards published, substantially same as voluntary standards, required by CPSIA, 961 – Bisphenol
See BISPHENOL
See CHILD RESTRAINTS
See CHILD RESTRAINTS
See APPAREL
See CRIBS
– High chairs, Evenflo recalls over fall and choking hazards, 395 – Hypothermia, leading cause of death for noncrash vehicle incidents, CPSC issues advisory on dangers of leaving children in cars, 672; NHTSA releases consumer advisory warning, 725 – Infant formula, parents of child brain-damaged by meningitis contracted from bacteria may pursue design defect claim, complaint amended to address pleading problems (D. Minn.), 840 – Labeling requirements for children's products and packaging, CPSC seeks comments, 257; CPSC plans vote on policy on tracking label requirements, 791; policy on tracking label requirements unanimously approved, 817; CPSC chair meets with toy industry and customs officials in China and Hong Kong to educate about new product safety rules, 846 – Lead hazards
See LEAD
– Nontraffic motor vehicle incidents, NHTSA releases first study, 141 – Nursing pillows, Boston Billows exempted from infant pillow ban, 13 – Pacifiers, choking hazard prompts recalls, 72; 413 – Phthalates
See PHTHALATES
– – Kolcraft, rail latch, recall, 892
– – Simplicity, collapse hazard, recall, 413; CPSC recalls, Eddie Bauer, 675 – Rattles
– – Choking hazard, CPSC recall, 113
– – Third party testing bodies, CPSC to vote on whether to publish draft rule accrediting, 889
See CHILD RESTRAINTS
– – India and China, recall over possible strangulation hazards, 72
– – Strangulation hazards, CPSC announces recalls in cooperation with U.S. makers, 942; recall report, 1021
– – Bugaboo Design & Sales BV, recall for brake failure, 645; 772
– – Dangerous pinch point, plaintiffs seek reconsideration of decision rejecting class certification where claims individual (E.D. Cal.), 694 – – Lead level provisions, stay enforcement published, allows more time to develop and test new materials to replace, 746 – Tearless shampoo and bubble bath, class action claims products contain formaldehyde and other toxic chemicals (D.N.J.), 603; common issues overshadowed by non-common ones, JPML declines to consolidate, 1086 – Trunk releases, child safety group urges GM to recall 2000-2001 models to retrofit with internal releases, 725 – Vaccines, special masters find no link between autism and childhood vaccines (Fed. Cl.), 187 – Vehicular crashes, NHTSA programs must meet Congressional mandates by 2011, other programs to get key attention announced, 746
– Unadopted stepchildren, no Tex. wrongful death claim for stepfather suicide after taking Paxil (Tex. Ct. App.), 716
– Airplane crash, stay of consolidated cases granted to allow litigation to proceed in China (Cal. Ct. App.), 281
– Drywall, sulfur tainted
– – CPSC investigating health and safety issues, 451; federal and state officials experienced respiratory and other ill effects while investigating possible toxicity, 643; new CPSC director addresses in confirmation hearings, 698; report issued in response to Congressional requests, contracts to analyze composition awarded, Chinese agency asked for list of producers that use gypsum from ShanDong mines, 791; health and safety concerns put pressure on CPSC to step up role in investigating and analyzing hazards, 1056
– – CPSC mandated investigation – – Homeowners and builders file suit against makers (M.D. Fla.), 161; judicial panel assigns claims for corrosive gases to judge with extensive experience for pretrial proceedings (E.D. Fla.), 695 – Food safety
– – New law approved creating oversight system, 290
– – Reform, 2009 Outlook, 116 – Melamine, dairy firms offer settlements to children sickened by milk, 35; parents bring class action against dairies, 102; courts agree to hear parents' suits, 284 – Recall draft law receives few comments, 451 – Recall of products made in
See specific products
– Unsafe imports, acting CPSC chair summarized measures taken to address, acknowledges many products fail safety standards, 639; consumer produce safety summit scheduled in 3 Chinese cities, will review activities since last summit, emphasize need for more comprehensive approach, 989; Mattel to provide monetary relief in accord for toys recalled for excessive lead, lead paint, or hazardous magnets (C.D. Cal.), 1090
– Negligence, Tex. law does not apply to claim for folding table injury claim where most significant contacts in state (Tex. Ct. App.), 1001
– Veggie burgers and pancakes, no fault in refusal to allow challenge to certification of class claims for misstating fat and calorie content, N.J. has strongest interest in consumer fraud claims (D.N.J.), 940
– Vytorin/Zetia
– – Deceptive techniques to promote, Pa. state workers' health and welfare fund files suit against drug makers (E.D. Pa.), 667
– – Muscle disease, makers argue man who claimed Vytorin raised risk has no claim where Tex. does not recognize design defect in drugs and no evidence of negligence (E.D. Tex.), 1035 – – Preemption, makers submit FDA statement to support (D.N.J.), 134; Vytorin makers agree to pay damages for delaying release of negative clinical trails (Tex. Dist. Ct.), 808; accord with consumers and insurers announced, 860
– Addiction, jury finds product not cause and not unreasonably dangerous, manufacture liable for concealing addiction and health information (Fla. Cir. Ct.), 602
– Comparative negligence, widow of longtime smoker gets compensatory and punitive damages, concealment of smoking risks is intentional tort not reduced by fault (Fla. Cir. Ct.), 624 – Decertification of class in Engle, widow and son of longtime smoker win individual suit (Fla. Cir. Ct.), 213 – Defendant verdict rendered against smoker continuing to smoke after physician warning of health dangers (Fla. Cir. Ct.), 380 – Fire-safe, Texas law takes effect, 40 – House fire, obviousness of danger results in dismissal of suits (W.D. Ky.), 287 – Light and ultra-light cigarettes, class for deceptive advertising for claims that less tar and nicotine caused less harm seeks economic damages (D. Kan.), 878 – Light cigarettes, negligence claim rejected when light cigarettes have less utility (U.S., rev den), 1066 – Lighters, CPSC rules do not preempt claim by boy who ignited shirt with lighter that had child guard removed (W.D. Ky.), 624 – Low-tar claims, deceptive practices class action allowed to proceed (Mass.), 359 – Medical monitoring, long-time smokers may pursue claims against maker for early lung cancer detection (Mass. Sup. Jud. Ct.), 1102 – Menthol, Israeli suit alleges product caused lung cancer, 571 – Multiple injury claims, Cal. Sup. Ct. asked to clarify when permitted (9th Cir.), 405 – Nev., state law does not recognize heeding presumption in failure to warn claims by family of smoker who died of brain cancer (Nev.), 716 – Punitive damages
– – Due process, $79M award against Philip Morris left standing (U.S., rev den), 380
– – N.Y., state attorneys' general found precluded but smoker's widower may pursue claims for fraudulent concealment, failure to warn, wrongful death, and loss of consortium (S.D.N.Y.), 1005 – – One of 3 claims by longtime smoker dismissed (Mo. Ct. App.), 6 – – Punishment, daughter of deceased long-time smoker gets award for second time (Cal. Super. Ct.), 955 – Wrongful death, deceased smoker's survivor may pursue claims, federal policy against state regulation would not bar claims, preemption should have been brought to attack merits (9th Cir.), 1048
– Jurisdiction
– – Banana farm workers allowed to split up claims to less that 100 plaintiffs to avoid jurisdiction (S.D. Cal.), 361
– – Fruit farm workers allowed to split up claims to less that 100 plaintiffs to avoid jurisdiction limits (9th Cir.), 384
– Ed. Note: This heading covers issues of class composition and certification. For all other class claims, see specific subjects.
– Allergies, class claims for advertising French fries and hash browns as gluten, wheat, and dairy-free too inclusive (N.D. Ill.), 568 – Antidepressants, class certification in multidistrict proceeding for economic damages for lack of suicide risk warning denied (E.D. Mo.), 626 – Antipsychotic medication, Zyprexa, appeal of certification to be heard (2d Cir., rev grant), 136 – Artificially-colored farmed salmon, FDCA does not preempt claims enforcing parallel state laws (U.S., rev den), 66 – Ascertainability, critical preliminary requirement for certification, frequently overlooked, 767 – Best examples and expected developments, practitioners may take advantage of ABA conferences, 960 – Causation, certification of claims against Paxil maker rejected, elements giving rise to civil liability may not be established on collective basis (Quebec Super. Ct.), 934 – Child restraints, standing lacking for failure to allege injury (N.D. Cal.), 476 – Chlordiazepoxide with clinidium bromide (CDP), no standing where no claim of harm or product ineffectiveness (N.D. Cal.), 531 – Cigarettes
– – Decertification of class in Engle, widow and son of longtime smoker win individual suit (Fla. Cir. Ct.), 213
– – Unfair competition, Cal. law only requires named representative to have standing and prove reliance (Cal.), 595 – Contact lens solutions, class rejected where impossible to determine membership in class of consumers who discarded unused products after recall (D.S.C.), 1050 – Diet drugs, fen-phen, attorneys for class action convicted of bilking clients (E.D. Ky.), 402 – Discovery, deposition of nonparty at certification phase disallowed (E.D.N.Y.), 533 – Epilepsy drug, Neurontin, class of patients seeking reimbursement after off-label use decertified (Pa. Ct. Comm. Pleas), 216; decertification 18 mos. after certification appealed, called legally incorrect and based on flawed evidence (Pa. Super. Ct., brief filed), 713 – Equipment prone to premature obsolescence, no review of certification of nationwide class of consumers who bought Mercedes Benz vehicles (3d Cir.), 664 – False advertising and fraud, class representatives have no standing where no injuries from product and no allegations of reliance on advertisements (E.D. Cal.), 787; contraceptive maker seeks stay pending consolidation motions, 1006 – Forum non conveniens, Argentinean class action for HIV infected product sent back to Argentina (7th Cir.), 570 – Fraud and misrepresentation, Vioxx, N.J. consumer fraud claim denied certification (N.J. Super. Ct.), 333; compensatory award to man who charged product caused heart attack upheld (N.J.), 1054 – Heart valve implants, class certification for higher risk of paravalvuar leaks denied for 3d time, individual issues predominate (D. Minn.), 712 – Judge-shopping, filing of identical class actions improper, one suit dismissed, attorney sanctions ordered (N.D. Cal.), 36 – Legal notices, changes to media bring need to adapt and utilize innovative communications to reach class members, Analysis, 871 – Motor vehicles
– – Ford Excursion and pickups, accelerator pedal design defects, warranty breach claim class certified (Okla.), 477; (U.S., rev den), 1066
– – Front end shimmy, engineering expert's report that proposed class of Ford truck owners may be overbroad may be used in considering class certification (W.D. Pa.), 861; class plaintiffs given another chance to pursue claims, trial court should have allowed pleadings amendments (11th Cir.), 1110 – Pet food, false Made in USA label, certification denied (D. Nev.), 341 – Relacore, certification of class false advertising claims rejected, individual issues predominate, no nexus between defendants' conduct and loss (N.J. Super. Ct.), 935 – RICO, class of 3d party payers failed to prove economic loss from off-label marketing of cancer drugs (D.N.J.), 810 – Shower pans, individual claims predominated over common questions, certification for design defects rejected (Cal. Ct. App.), 1111 – Strollers, plaintiffs seek reconsideration of decision rejecting certification where claims individual (E.D. Cal.), 694 – Tasylol, union fund may bring claim for failure to warn of risk of prescription product despite failure of RICO claims (S.D. Fla.), 910 – Trends in 2009 first quarter, Analysis and Perspective, 510
See APPAREL
See DECONGESTANTS
– Acer laptops, class action claims allege false advertising (N.D. Cal.), 387
– Apple iMac, screen defects alleged in class action (N.D. Cal.), 68 – Dell laptops
– – Arbitration, sales contract clause does not bar suit for defects, class certified (Ontario Super. Ct.), 188
– – Overheating, class claim for design defect in Inspiron 600m filed (D.N.J.), 841 – – Warranty claims, dismissal of proposed class action upheld (9th Cir.), 310 – Sony VAIO laptops, nationwide class claims touchpads used for using cursor on screen defective (C.D. Cal.), 1008
– Ed. Note: A list of upcoming events appears in the Journal section of select issues.
– ABA Nat'l Inst. on Class Actions, 960 – Asia-Pacific Economic Cooperation Toy Safety Initiative Conf., 869 – BNA
– – Audioconference, 197; 226
– – Preemption, Levine impact, 574 – CPSC meetings and hearings, 1093 – Crash Injury Research and Engineering Network (CIREN) meeting, 964 – N.J. Motor Coach Ass'n, 645 – SAE Government/Indust. Meeting, 169; 169; 170 – Woodrow Wilson Intl. Ctr. for Scholars, 505
– Ghostwriting, documents on hormone drug replacement maker engaging doctors to write medical journal articles without mentioning corporate role unsealed (E.D. Ark.), 857
– Ed. Note: This heading is used for administrative actions only. For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Hill watch, 457; 965
– Bisphenol A
See BISPHENOL
– Phthalates, baby bottles, 6 companies agree to stop use, Conn. attorney general says, 315
– CPSIA reporting requirements, Fifth Amendment protection against self-incrimination, Analysis & Perspective, 173
– Toys containing toxic substances, state ban unlikely to violate U.S. Constitution, state attorney general says, 167
– Penalties, CPSIA provides for higher fines but rule on interpretation of statutory factors still pending improvement, statutory factors under CPSA, FHSA, and FFA supersede, 887; CPSC issues interim final rule, 914; firms agree to pay higher fines for children's hooded sweatshirts, 989
– Ed. Note: This heading covers general administrative issues. For enforcement or regulatory actions, see specific subject headings.
– Agency overstretched, Nord says, 343 – Appointments and personnel changes, Nord urges Obama to name new chair, 393; Tenenbaum named, 540; Moore elected vice chair as transition to new chair and expanded staff start, 640; confirmation hearing set, 670; Senate confirms Tenenbaum, 698; Tenenbaum names chief staff, 846; Senate panel approves Adler and Northrup as commissioners, 869; Adler and Northrup confirmed, 890 – Budget, FY 2010, appropriations' numbers must wait, sources say, 254; Obama pledges funding increase, 540; written comments and priorities for FY2011 sought, revisions to strategic plans being considered, 671 – CPSIA implementation – Flammability standards, request for comments, 453 – FY2011 agenda and priorities and current strategic plan, public hearings set, 847; resources should be devoted to nanotechnology, lead testing, and product imports, 941 – GAO report on status of safety actions on drawstrings, hair dryers, and product registration cards, public meeting set, 1058 – Imported products oversight, size of staff at U.S. ports increasing, developing strategic plan for surveillance, 1073 – Racial disparities in risks and incidence of preventable product-related injuries and deaths, report to Congress outlines steps taken to address, 1092 – Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; April, 545; May, 675; July, 892; Aug., 1021 – Recreational off-road vehicles (ROVs), briefing packet presented as Comm'n considers draft voluntary standard, 1091; CPSC to hold meeting to consider, 1093; advanced notice of proposed rulemaking issued, voluntary industry standard inadequate, 1114 – Reform – Stadium light poles, investigation of cracks posing serious risks of injury and death announced, advisory issued, 942 – Swimming pools, fatalities and injuries, CPSC report, 2009, 645 – Testing facility modernization announced, 581; accreditation mandate for labs testing for lead in child products approved, 1115 – 2009 Outlook, 78 – Unsafe imports, measures to address summarized, many products from China fail safety standards, 639; consumer produce safety summit scheduled in 3 Chinese cities, will review activities since last summit, emphasize need for more comprehensive approach, 989; Mattel to provide monetary relief in accord for toys recalled for excessive lead, lead paint, or hazardous magnets (C.D. Cal.), 1090 – Yard and garage sales, no plan to issue fines, Perspective, 1119
– Amendments, Congress facing increased pressure to make changes, 367; Tenenbaum acknowledges amendments may be needed but premature, members say unintended consequences make mess, 987; alliance of small firms and crafters of children's goods urge Congress to make common sense changes to CPSIA, Tenenbaum says problems can be resolved administratively, 1011; need for changes to ease burdens debated, bills pending, Special Report, 1017
– ATVs, inaccessibility cited by industry commenters for CPSIA exclusions, 227; industry launches letter-writing campaign, 257; CPSC votes against exemption, stays enforcement, 391; Nord still open to exclusion, 412; Senators claim CPSC has discretion to act, 412; CPSC votes against exemption, stays enforcement, 450; draft notice of stay approved, 542; stay unanimously approved, 720; CPSC plans vote on policy on tracking label requirements, 791; CPSC extends filing deadline for youth vehicle makers, 792; policy on tracking label requirements unanimously approved, 817; CPSC chair meets with toy industry and customs officials in China and Hong Kong to educate about new product safety rules, 846 – Bath seats and infant walkers, proposed standards published, substantially same as voluntary standards, 961 – Bicycles and bicycle helmets, rattles, and bunk beads, vote expected on whether to public notice requiring broader accrediting testing facilities, 888; bicycle makers get extension on due date for reports on lead-content limits, 941; accreditation criteria and process published, comments sought, 961 – Deadlines, manufacturers call unrealistic, 366; NAM coalition calls for extension for label rules, 368; NAM seeks immediate stay of enforcement, 541; tie vote results in denial of stay, 577 – Effective date
– – Legislation, Bennett (R-Utah) bill to delay
– – Stay, CPSC denies manufacturers' request, 164; clothing coalition asks for extension of deadline, 167; authority lacking to delay, CPSC says, 227; tie vote results in denial of stay, 577; businesses support labeling, seek stay, 580; testing firm urges CPSC to approve alternative testing methods, 793
– – Consumer groups ask CPSC to provide, 40; lawmakers ask CPSC to act, 111; manufacturers ask for implementation delay, 138; Democratic lawmakers ask CPSC to issue guidance, 165; CPSC proposes, enforcement focus announced, 225; more rules expected, CPSC officials say, 226; manufacturers, retailers, consumer and industry groups discuss meaning of child care items, reasons for exempting certain products revealed, 642; manufacturers' coalition asks Tenenbaum for more clarity when guidelines issued, 1011
– – Small businesses, resellers, crafters, and charities, CPSC explains duties, 195 – Implementation, Dingell (D-Mich.) questions commissioners on problems, 288; agency response outlines problems, 343; Comm'r Moore cites need for third commissioner, 368; new CPSC director addresses in confirmation hearings, 698 – Inaccessible lead, including electronic devices, alternative limits established, products not containing lead exempt, interim CPSC rule, 162; limits take immediate effect, 226; industry comments on fabric as barrier, motorcycles and ATVs, 255 – Jewelry
See Lead limits, this heading
– Lead limits
– – Apparel, publishing industries, testing of textiles, books, no lead danger shown, 110
– – Bicycles, CPSC set to vote on exemption, 542; stay unanimously approved, 720; CPSC extends filing deadline for youth vehicle makers, 792; bicycle makers get extension on due date for reports on lead-content limits, 941 – – Book exemption
– – – Lower limits, CPSC to vote on proposed exclusions, 12; commenters seek exemptions for additional materials, 256; final rules approved, 291; testing and label tracking requirements causes industry concern, 345; CPSC to vote on whether to exclude glass and crystal beads used in fashion accessories from established limits, 792; draft final rule published, 816; jewelers' request for exclusion denied, no hardship found, 817; businesses and attorneys evaluating draft final rule, 843; CPSC posts public comments on mandatory recall notices and lead content determinations, 846; lower limits and higher penalties become effective, 887; final rule outlining exemption of children's products from lead-conduct testing approved, 914; guidance on testing and certification of lead content in children's products issued, 1113
– – – Testing and certification
See Testing and certification requirements, this heading
– – – Exclusions to new lower limits, CPSC commissioners to vote on proposed rules, 12; CPSC seeks comments, 70; vote by March 3 set, 254; commenters seek exemptions for additional materials, 256; industry launches letter-writing campaign, 257; final rules approved, 291; final rule explains how to seek, 314; information collection request approved for rule establishing exemption request, 453; CPSC plans vote on policy on tracking label requirements, 791; draft final rule published, 816; policy on tracking label requirements unanimously approved, 817; businesses and attorneys evaluating draft final rule, 843; CPSC posts public comments on mandatory recall notices and lead content determinations, 846; draft final rule prepared for vote, most gemstones, pearls, wood, and natural fiber exempt, paper and most inks also exempted, 868; lower limits and higher penalties become effective, 887; final rule outlining exemption of children's products from lead-conduct testing approved, 914; guidance on testing and certification of lead content in children's products issued, 1113
– – – Jewelry
See Children's jewelry, this subheading
– – Paint, children's products, final rule adopted, 11 – – Pens, CPSC staff urge rejecting exemption request from Writing Instrument Mfrs. Ass'n, 640; CPSC deadlocked on exclusion request, no action at this time, 670 – – Toys and games, Target to pay civil penalties for knowingly importing and selling toys with coatings above legal limits, 1057 – Reporting requirements, Fifth Amendment protection against self-incrimination, Analysis & Perspective, 173 – Secondhand seller exemption
– – Art materials, association seeks clarification of role as certifying body, 289
– – CPSC stays enforcement, manufacturers ask Congress for more, 163 – – Lab testing requirements published, 12; firewalled labs, small businesses among topics commented on, 227; accreditation criteria and process published, comments sought, 961 – – Lead and phthalates in children's products
– – – Company offers plan to reduce burdens without reducing safety, executive tells BNA, 224; ExxonMobil asks CPSC to review ban on use of plasticizers in children's toys, 819
– – – Lab representatives meet with CPSC officials to discuss CPSIA testing provisions, 224 – – – Small businesses and GOP lawmakers call for changes in law, 391; Nord still open to exclusion, 412; Senators claim CPSC has discretion to act, 412 – – Toys
– – – Child protection standards revised, 317; staff recommends acceptance of all but one provision of ASTM revision, 579; stay enforcement published, allows more time to develop and test new materials to replace lead in bicycles, strollers, and bicycle trailers, 746; CPSC seeking comments on effectiveness of ASTM Int'l standard for labeling and testing methods, 818
– – – Design analysis key part of certification program, lab official says, 288 – Used product sellers, CPSC handbook addresses laws and rules., 543
See also specific products
– Denture cream, judicial panel consolidates claims for caused copper deficiency and neurological injuries (S.D. Fla.), 695 – Elidel, demand for punitive damages insufficient to keep state product liability claims in U.S. court (D.N.J.), 717 – Oscillating fans, Haier Am. Trading to pay civil fine for failure to report fire hazard, 819 – Preemption, Bush administration policies, trial lawyers seek reversal under Obama, 67; stay will let Obama repudiate preemption of state law claims, 113 – Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428
– NuvaRing, treating physician ex parte interviews barred (E.D. Mo.), 356; motion to dismiss for lack of specificity rejected, 879; costs of reviewing and producing electronic data may not be shifted to plaintiffs, 913
– Ortho-Evra birth control patch, evidence did not demonstrate that plaintiff had pulmonary embolism needed to establish proximate cause (N.D. Ohio), 665 – Yaz
– – Failure to warn of risk of elevated potassium levels, plaintiffs seek pretrial consolidation in N.D. Ohio (J.P.M.L.), 833; JPML consolidates pretrial proceedings (S.D. Ill.), 1067
– – False advertising and fraud, class representatives have no standing where no injuries and no allegations of reliance on advertisements (E.D. Cal.), 787; contraceptive maker seeks to stay proceedings pending consolidation of JPML claims, 1006; contraceptive maker seeks stay pending consolidation motions, 1006 – – Yasmin and Ocella, suits filed in Philadelphia consolidated, likely to be country center for state court litigation (Pa. Ct. Comm. Pls.), 1032
See FEES
– Crash dummies, NHTSA proposes changes to femur specifications for 6-year old child used in crash and equipment compliance tests, 1116
– Electronic stability control systems – Japanese automakers showcase new generation of automotive safety technologies, 259 – Side-impact response, comparison between crash dummy test responses and real injuries, spine fractures, and safety system evaluations and designs to be discussed at CIREN meeting, NHTSA announces, 964 – Small female crash dummies, NHTSA modifies performance criteria and tests for side-impact crash tests, 723
– Pickup trucks, Silverado, Dodge Ram, Titan earn poor ratings, 197
– Small cars less safe in frontal crashes with larger cars, IIHS test results, 453 – Small female crash dummies, NHTSA modifies performance criteria and tests for side-impact crash tests, 723
– Adequacy of current voluntary, mandatory standards, CPSC roundtable scheduled, 258
– Canadian firm recalls cribs over support brackets, 71 – China, Jardine Enterprise imports, CPSC announces recall, 41; 506 – Conformity testing facilities, CPSC to vote on whether to publish draft rule accrediting third party bodies, 889 – Convertible close-sleeper/bedside sleeper bassinets, CPSC issues advisory after infant strangulation deaths, 918 – CPSC standards need to be strengthened, industry, safety groups agree, 228 – Drop-side cribs, ASTM proposal may result in ban, 344; CPSC announces voluntary recall of Simplicity Drop Side Cribs where drop side can detach, causing suffocation hazard, 746 – Recalls, monthly report, BNA, Dec., 74; Jan., 199; Feb., 298; March., 428; May, 675 – Registration and marking requirements, CPSC vote expected, 607; proposed rule approved, 699 – Safety standards, CPSC roundtable hears calls for stronger standards and durability tests, 484 – Simplicity drop-side detach, recall, 892 – Sunkid convertible cribs, Suntech Enterprises recalls over choking hazard, 395 – Viable defect, plaintiffs whose crib was in working order have no claim against maker and distributor, no loss where no defect (8th Cir.), 837
– Attorneys for fen-phen class action convicted of bilking clients (E.D. Ky.), 402
– Methamphetamine, cold medicine makers cannot be held liable (8th Cir.), 33 – Witness impeachment, defective ladder maker, use of felony conviction limited (7th Cir.), 249
– Deactivation switch, NHTSA announces voluntary recall by Ford for internal leaks, overheating, smoke and burning, even when vehicle off, 1093
– Imports, strengthening communications with CPSC would allow better tracking, GAO report, 917
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