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Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

By Chariese Solorio, Sarah M. Nakamoto, and Kina Wong* A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California Code of Civil Procedure section 998 apply when a case […]

| 6 min read

Purchasers of Vehicles from Private Party Sellers Have No Standing Under the Song-Beverly Consumer Warranty Act

By Chariese Solorio, Sarah M. Nakamoto, and Madeline Ward* In Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, the plaintiff purchased a used vehicle in a private sale from the original purchaser. The vehicle had over 12,500 miles and two years left on its five-year express manufacturer’s warranty. Id. at 912. After the purchase, […]

| 2 min read

FDA Clears Lab-Grown Meat for Human Consumption

The Food and Drug Administration has just indicated that a lab-grown meat product developed by a California start-up is safe for human consumption. “Advancements in cell culture technology are enabling food developers to use animal cells obtained from livestock, poultry, and seafood in the production of food, with these products expected to be ready for […]

| 1 min read

FDA Proposes Updated Definition of ‘Healthy’ for Foods

Today, the FDA proposed updated criteria for when foods can be labeled with the nutrient content claim “healthy” on their packaging. This proposed rule would align the definition of the “healthy” claim with current nutrition science, the updated Nutrition Facts label and the current Dietary Guidelines for Americans. Under the proposal, manufacturers can label their […]

| 1 min read | Tagged: ,

FDA publishes manual on complex product classification for generic development

The US Food and Drug Administration (FDA) recently published a manual of policies and procedures (MAPP) outlining how the Office of Generic Drugs (OGD) will classify which new drugs and drug-device combination products are complex products for generic drug development purposes. The manual  provides definitions and examples of complex drugs and drug-device combination products, as […]

| 1 min read

House passes bill to federally decriminalize marijuana

Today, the US House of Representatives to decriminalize marijuana. The House bill, called the Marijuana Opportunity Reinvestment and Expungement Act, or MORE Act, would remove marijuana from the list of scheduled substances and impose a federal tax on marijuana products. It would also establish a process to expunge prior cannabis convictions. The House voted 220-204 […]

| 1 min read

FDA Approves Second Booster

Yesterday, the FDA authorized a second COVID-19 booster dose for Americans ages 50 and older, along with some immunocompromised individuals, at least four months after their initial booster. The CDC later added its recommendation and said it would include the FDA’s action in its vaccine guidance. See the agency’s announcement here – Coronavirus (COVID-19) Update: […]

| 1 min read

A Deeper Dive into FDA Draft Guidance on the Remanufacturing of Medical Devices

In the medical device industry, there exists a longstanding divide between device manufacturers (i.e., those who design, manufacture, fabricate, or process a finished device) and the third-party entities that service the devices (i.e., those that maintain, restore, refurbish, or repair a finished device after it has been distributed, for purposes of returning the device to […]

| 7 min read

E-Commerce Marketplace Liablity

Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. LLC, 2021 WL 1608878, held that yes, LLC (“Amazon”), the online marketplace, may be strictly liable for injuries […]

| 2 min read | Tagged: , ,
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