What Companies Regulated By The FDA Need To Know About The Consumer Product Safety Commission

The U.S. Consumer Product Safety Commission (CPSC) is an independent federal agency that regulates the manufacture, distribution, and sale of consumer products in the United States. Specifically, the Commission is tasked with protecting consumers from unreasonable risks of injury associated with consumer products. CPSC does not regulate the safety of food, drugs, cosmetics, dietary supplements, or medical devices, and as a result, many companies that deal in these products incorrectly believe that CPSC’s requirements […]

By | August 22nd, 2022 ||

Can The Self-Critical Analysis Privilege Protect Sensitive Company Product Evaluations?

Discovery requests in product liability litigation matters are often a costly and time-consuming black hole. They consume precious resources manufacturers and distributors could use to build up their businesses and, worse, often force exposure of sensitive internal communications and materials. What to do? Well, a seldom-explored legal tool to avoid the expenses and resources demanded by such requests, protecting certain documents from discovery, is the self-critical analysis, or self-evaluative, privilege. This article traces the […]

By | August 14th, 2022 ||

Connecticut High Court Holds That “Unfair Trade Practices” Claims That Subsume Elements Of A Product Liability Claim Are Barred

In a question of first impression certified to it by the U.S. Court of Appeals for the Second Circuit, the Supreme Court of Connecticut recently delivered a partial win for defendants facing state products liability and unfair trade practices claims arising from the same conduct.

In Glover v. Bausch & Lomb, Inc.,1 the Connecticut high court held that the Connecticut Product Liability Act’s (“CPLA”) exclusivity provision barred a plaintiff’s Connecticut Unfair Trade Practices Act (“CUTPA”) claim for […]

By | August 9th, 2022 ||