Insights

Washington – January 4, 2018: Crowell & Moring LLP is pleased to announce that it has elected seven lawyers to the firm’s partnership, effective January 1, 2018. The firm has also promoted 23 associates to the position of counsel. The new partners have been promoted from within the ranks of the firm’s Washington, New York, San Francisco, and Los Angeles offices, and underscore the firm’s commitment to its Government Contracts, Litigation, Corporate, Environment & Natural Resources, International Dispute Resolution, Intellectual Property, and Labor & Employment practices.

Washington, D.C. – February 4, 2016: Crowell & Moring LLP is pleased to announce that clients Corin Group PLC and Corin USA Limited (collectively "Corin") have prevailed in a lawsuit alleging injuries from Corin’s hip resurfacing system, the Cormet, a Class III medical device approved by the U.S. Food and Drug Administration (Swisher v. Stryker Corporation, et al.). After full discovery, Crowell & Moring, on behalf of Corin, filed motions for summary judgment and to exclude the plaintiff’s sole liability expert, metallurgist Mr. Charles Powell. The U.S. District Court for the Western District of Oklahoma excluded the relevant opinions of Mr. Powell and granted summary judgment in favor of Corin on all claims, holding that there was no evidence of the purported defect in the device nor any evidence of medical causation for the plaintiff’s alleged injuries.

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) marked the most significant expansion of FDA’s authority over cosmetics in 80 years — and the agency is putting that authority to work. From the launch of a new adverse event reporting tool to forthcoming rules on fragrance allergens and good manufacturing practices (GMP), FDA is reshaping the regulatory landscape for manufacturers, packers, and distributors of cosmetic and personal care products.

Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.

For years, consumers have initiated legal actions against cosmetic companies alleging a causal relationship between the use of certain cosmetic products containing talc (such as baby powder) and the development of various cancers, commonly mesothelioma and ovarian cancer, with varied results. Below, we discuss a recent proposed rule from FDA proposing asbestos testing for cosmetics containing talc and potential impacts on ongoing and new consumer litigation.

Key developments expected this year, as the FDA ramps up the implementation of major new cosmetics regulations, could shape the class action landscape for the beauty and wellness industry for years to come, says Crowell & Moring partner Robbie Rogart Jost.

Attorneys John Fuson, Hilary Johnson, Robbie Jost, and Andrew McElligott will present a webinar for the Orange County Bar Association Health Care Law Section titled, "3D Printing at the Point of Care: Compliance and Liability Concerns" on Thursday, November 10, 2022. This session will provide (1) a primer on how the FDA regulates medical devices, (2) an outline of how FDA plans to regulate 3D printing of devices at the point of care and legal issues raised by this new model as compared to traditional manufacturing, (3) an examination of the state of product liability litigation when it comes to 3D printed devices and the potential product liability risks when healthcare facilities take on the role of traditional manufacturers, and (4) an analysis of different intellectual property scenarios healthcare facilities must be aware of when 3D printing POC devices.