Author Archives: Scott Nelson

No Soap: FDA Finally Acts on Antibacterials

Health advocates have been saying for years that consumers shouldn’t use antibacterial soaps. Yet manufacturers have continued to put antibacterial agents into liquid soaps, to the extent that for a while it was hard to find products on store shelves that didn’t contain them. Now the Food & Drug Administration has finally gotten the message. […]

Second Circuit to You Didn’t Require a Click, So Your Arbitration Agreement May Not Stick

I have to admit that there are a lot of things I love about That it tries to require its customers to arbitrate their claims and waive the right to participate in class actions is not one of them. In an opinion issued today, the United States Court of Appeals for the Second Circuit held that […]

CFPB Arbitration Rule SBREFA Report

Another important regulatory document related to the CFPB's proposed rule is the Final Report of the Small Business Review Panel on the CFPB’s Potential Rulemaking on Pre-Dispute Arbitration Agreements. In creating the CFPB, Congress subjected its regulations to the requirements of SBREFA, the Small Business Regulatory Enforcement Fairness Act, a piece of legislation originally enacted […]

Supreme Court Holds Offer of Judgment Does Not Moot a Class Action

In a much-anticipated ruling, the Supreme Court today held that a class-action defendant cannot moot a plaintiff’s case by making a pre-class-certification offer of judgment that would satisfy the individual plaintiff’s personal claims but not those of the class. The decision in Campbell-Ewald Co. v. Gomez, holds that such an offer does not moot the […]

Second Circuit to consider First Amendment challenge to GMO labeling law

Guest post by Julie Murray (Public Citizen Litigation Group) Some states have recently adopted, and dozens of others have considered, laws that require food manufacturers to disclose whether their products have been made through genetic engineering (GE). These laws would at least give consumers useful information to guide their purchasing decisions amid the federal delay […]

D.C. Circuit Limits Commercial-Speech Disclosure Requirements

            In a split decision Tuesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struck down a portion of an SEC rule requiring publicly traded companies to disclose whether their products “have not been found to be ‘DRC conflict free’”—a term defined to mean that they do not […]