Mondaq.Com - feed of articles on Consumer, Health and Family

United States: Ambulatory Surgery Center Payment Updates - McDermott Will & Emery

Thu, 19 Nov 2009 09:45:09 GMT

CMS is increasing ASC payments by an inflation factor for the first time in more than six years.

Australia: Proposed Section 7 Declaration: Products In Capsule, Tablet Or Pill Form Are Therapeutic Goods (Medicines) - Addisons

Thu, 19 Nov 2009 09:45:09 GMT

The Therapeutic Goods Administration (“TGA”) is proposing changes to the Therapeutic Goods Act 1989 (“Act”) that would result in the form of a product being a key factor in determining whether it constitutes a medicine or a food.

United States: FDA Releases Initial Draft Guidance On Risk Evaluation And Mitigation Strategies (REMS): Seeking Input From Stakeholders - Foley Hoag LLP

Thu, 19 Nov 2009 00:00:00 GMT

The Food and Drug Administration (FDA) announced on September 30 that it has released a draft guidance [.pdf] for industry, titled "Format and Content of Proposed Risk Evaluation and Mitigation Strategies (REMS), REMS Assessments, and Proposed REMS Modifications."

United States: Despite Flurry Of Claims, California Courts Gift Retailers With Narrow Interpretations Of Song-Beverly Credit Card Act: Some Tips For Compliance Under Recent Rulings - Perkins Coie LLP

Wed, 18 Nov 2009 00:00:00 GMT

If you are a retailer with brick-and-mortar stores in California and accept credit cards for payment, take note.

United States: CMS Finalizes Requirements For Supervision Of Hospital Outpatient Services - McDermott Will & Emery

Tue, 17 Nov 2009 00:00:00 GMT

The physician supervision provisions in the OPPS/ASC Final Rule provide much needed guidance and clarification, but also will provide compliance challenges for hospitals.

United States: California Appellate Court Upholds Order Denying Class Certification, Primarily Relying on Individualized Nature of Damages Inquiry - Mayer Brown

Tue, 17 Nov 2009 00:00:00 GMT

In "Evans v. Lasco Bathware, Inc.", the California Court of Appeal affirmed the denial of class certification in a lawsuit over allegedly defective products.

United States: FMLA Military Family Leave Benefits Expanded - Barnes & Thornburg

Tue, 17 Nov 2009 00:00:00 GMT

The National Defense Authorization Act of 2010 (NDAA 2010), which was recently signed into law, greatly expands family and medical leave rights of military personnel and their families.

Australia: 7 Fun Facts About The New National Credit Code - Deacons

Mon, 16 Nov 2009 00:00:00 GMT

The regulation of credit providing is about to undergo significant changes in Australia. The new National Credit Code will be effective from 1 July 2010 and will result in uniform credit regulation across Australia, with ASIC becoming the sole national regulator.

United States: Taking Lessons From Michigan And Ohio, States Should Prepare To Address Animal Care Issues - Faegre & Benson LLP

Sun, 15 Nov 2009 09:00:07 GMT

Proposition 2 in California in November 2008 ushered in new livestock housing requirements, led by the Humane Society of the United States (HSUS).

United States: The H1N1 Flu: Retailers – Be Prepared - Perkins Coie LLP

Fri, 13 Nov 2009 00:00:00 GMT

The Holiday season this year carries with it not only high hopes for successful sales but the threat of widespread – and increasing – influenza outbreaks.

United States: California Enacts Law That Prohibits Collecting Up-Front Fees From A Consumer For Loan Modification Or Mortgage Loan Forbearance Services - Loeb & Loeb LLP

Wed, 11 Nov 2009 00:00:00 GMT

On October 11, Governor Schwarzenegger signed Senate Bill 94 into law which takes effect immediately.

United States: New Developments In Chinese Drywall Litigation - Proskauer Rose LLP

Wed, 11 Nov 2009 00:00:00 GMT

Last week, the interagency task force on Chinese drywall released the initial results of several studies it is overseeing.

United States: Enterprise Risk Management: Ways To Prepare For And What To Do During A Recall - Dorsey & Whitney LLP

Tue, 10 Nov 2009 00:00:00 GMT

The creation and implementation of an enterprise risk management (“ERM”) plan at your company is integral to minimizing and preparing for possible risks your company might face with a product recall.

United Kingdom: Sustainability For Tomorrow’s Consumer - The Business Case For Sustainability - Deloitte

Tue, 10 Nov 2009 00:00:00 GMT

The World Economic Forum’s Consumer Industries community is pleased to present this report as part of the Sustainability for Tomorrow’s Consumer initiative.

United States: Product Liability Update – October, 2009 - Foley Hoag LLP

Mon, 09 Nov 2009 00:00:00 GMT

In Taylor v. American Chemistry Council, 576 F.3d 16 (1st Cir. 2009), plaintiffs sued numerous defendants on numerous claims in the United States District Court for the District of Massachusetts based on their decedent’s death from cancer allegedly caused by vinyl chloride ("VC"), a chemical with which he had worked.

Turkey: Promotion Campaigns With Prize Draws - Dulger Law Firm

Fri, 06 Nov 2009 00:00:00 GMT

One of the most common mechanisms preferred in promotion campaigns in Turkey is prize draws. The promotion campaigns including prize draws aims to increase the sales by pushing the consumer to purchase as more purchase gives more chance to win the prize.

United Kingdom: Consultation On The Regulation Of Credit And Store Cards - CMS Cameron McKenna LLP

Fri, 06 Nov 2009 00:00:00 GMT

The Department for Business Innovation & Skills has launched a consultation on changes to current practices in the consumer credit industry.

Australia: Derailment Leads To Indemnity Claims - DLA Phillips Fox

Thu, 05 Nov 2009 00:00:00 GMT

The recent decision of the New South Wales Court of Appeal in Rail Corporation New South Wales v Fluor Australia Pty Ltd & Alpcross Pty Ltd [2009] NSWCA 344 provides a useful example of the duties owed between contracting parties to each other.

United Kingdom: EU Proposes Actions To Improve Functioning Of The EU Food Supply Chain - CMS Cameron McKenna LLP

Wed, 04 Nov 2009 00:00:00 GMT

On 28 October 2009 the European Commission published a report on the food supply chain in the EU and how to make it more efficient, to the benefit of consumers, farmers, food processors and distributors alike.

Australia: Hotel Accommodation’s Management Of Alcohol Liability - Deacons

Wed, 04 Nov 2009 00:00:00 GMT

The sale of alcohol is an essential and profitable element of an accommodation hotel’s service. However, excessive consumption by hotel guests can cause problems for hotel operators, as Jacob Duane explains.

Australia: New Rules On ETP Applications For Extended Hours In WA - Deacons

Wed, 04 Nov 2009 00:00:00 GMT

Up until now, applicants have been able to apply to the Director of Liquor Licensing (WA) (Director) for an extended trading permit (ETP) (ongoing hours) or an ETP (for restaurants to sell or supply liquor without a meal) when lodging an application for the grant or removal of a liquor licence.

Australia: The Buck Stops Here - Supreme Court Rules Against Compensation For Liquor Licensees - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

A recent Supreme Court decision may rule out any future claims for compensation by liquor licensees who have suffered financial loss as a result of allegedly negligent decisions by the Office of Liquor and Gaming Regulation (OLGR).

Australia: Extended Trading Hours Moratorium In Queensland - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

On 16 September 2009, the Queensland Premier announced a 12-month moratorium on all applications for extended trading hours between midnight and 5am.

Australia: Crisis Averted: 24 Hour Room Service Saved! - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

Some of Queensland’s special tourist facilities very nearly bid farewell to 24 hour room service and mini-bars, champagne breakfasts and early morning weddings!

United Kingdom: FSA Review Of Lehman-Backed And Other Structured Products: Findings And Actions - CMS Cameron McKenna LLP

Tue, 03 Nov 2009 00:00:00 GMT

FSA has, yesterday, announced a series of measures and actions it intends to take following its review of the marketing and selling of structured products by a number of providers, including those backed by Lehman Brothers.