Common Law - The FindLaw Consumer Protection Law Blog


Most Common Foods Adults Choke On

Choking is no joking matter. It is the third leading cause of death in American homes. Most of us have been eating for decades and have gotten a lot of practice at it! But that's why they call it an accident -- an unfortunate and unplanned event. But is it? Here are the three most common choking food challenges for adults. If you're concerned about a choking hazard, perhaps consider cutting these out, or at least limiting them in certain situations where the risk of choking is higher or if your ability to deal with a choking hazard is compromised. Translation -- these are not the best foods to serve at a cocktail party.

Kind Bars Sued for Misleading Customers With Ingredients

If it tastes too good to be true, or at least "natural," it probably is.

A class-action lawsuit against the makers of Kind snack bars claiming their "non-GMO" and "natural" labeling is false and creating unjust enrichment is currently pending in federal court. Plaintiffs claim that "Pressed by Kind" and "Fruit Pieces" packaging convince the consumers that their ingredients are whole unsweetened fruit, though they are actually processed with sugar prior to the dehydration process.

Virtual Kidnapping Phone Scam Happening in New Mexico, FBI Warns

In yet another phone scam preying on people's fears and emotions, the FBI is warning New Mexico residents to be wary of one more. Dubbed "virtual kidnapping," this one extorts victims by coaxing them into paying a ransom to free a loved one they believe has been kidnapped or is being threatened with violence or death. The calls seem to come from Mexico prisons. A few years ago, these calls were solely targeting Spanish speaking suspects. But now, anyone is fair game.

USDA Lab Sued for Killing Kittens

The Animal Parasitic Disease Lab, a USDA lab in Beltsville, Maryland, has been hit with a Freedom of Information Act lawsuit over its refusal to hand over information regarding its killing of approximately 3,000 two-month-old kittens involved in scientific experiments related to food borne illnesses.

Though it is believed that the kittens were healthy after going through the experiment, they were still euthanized. The Washington D.C. watchdog group, White Coat Waste Project, wants the testing that has been transpiring at this lab for the last 50 years to end, and until it does, the group wants the kittens sent out for adoption.

FDA Ordered to Stop Delaying Graphic Cigarette Warnings

Almost 10 years ago, in 2009, a bipartisan Congress passed the Tobacco Control Act, requiring graphic health warnings on all cigarette packs and ads. Have you seen them? Undoubtedly not, since the FDA never created the necessary guidelines.

In 2016, eight public health and medical groups filed a lawsuit, claiming the FDA has both "unlawfully withheld" and "unreasonably delayed" agency actions on the guidelines, and sought to compel the FDA to issue guidelines immediately. And they just won.

FDA Tells 21 Websites to Stop Selling Opioids Online Illegally

The American opioid crisis is in full swing. On average, there are 115 opioid overdoses in America each day, and that number is rising. In an effort to combat illegal opioid sales, the Federal Drug Administration has directed four online networks, amounting to 21 websites, to stop selling illegal, and "potentially dangerous, unapproved, and misbranded" opioids.

These networks include CoinRX, MedInc.biz, PharmacyAffiliates.org and PharmaMedics. The FDA has been on a roll this summer, issuing 13 warning letters to more than 70 websites, in an effort to shut down online opioid drug dealing. And they claim more letters will be sent out soon.

Jamba Juice Sued for 'Whole Fruits' Misleading Advertising

The Center for Science in the Public's Interest (CSPI) has filed a class action lawsuit against Jamba Juice in a Northern District of California federal court, claiming its marketing is tricking consumer into believing its beverages are 'whole fruit and vegetable smoothies'. CSPI is seeking unspecified damages.

32 Children's Medicines Recalled for Possible Contamination

King Bio recalled 32 of its children's medicines after a small percentage of the items tested positive for microbial contamination. This isn't King Bio's first rodeo on the recall circuit. The company voluntarily recalled other products due to microbial contamination earlier this year, including one product for baby teething soother, another for yeast infections, and also a product to help with discomfort in the lymphatic system.

Thyroid Medication Recalled After Failed FDA Inspection

Westminster Pharmaceuticals has voluntarily recalled a hypothyroid medication after its Sichuan supplier's plant failed Federal Drug Administration (FDA) inspection. The alert states that Levothyroxine and Liothronine, two synthetic hormones used in the thyroid tablets, were manufactured in a plant that the FDA warns had a number of manufacturing failures including ones related to "established standards of quality and purity." No adverse events have been linked to the drugs to date.

It's never a good sign when 23 district attorneys are coming after you. But that's what happened when almost two dozen California district attorneys targeted retailing giant Amazon over plastic products labeled as "compostable" or "biodegradable" on its website. Golden State statutes ban such claims without caveats about exactly how long it will take for the product to actually break down. (Somewhere between 450 and 1,000 years.)

But Amazon settled those claims last week, dishing out $1.5 million and agreeing to fund testing of plastic products marketed to consumers as compostable or degradable.