When California enacted SB 327 last year, it became the first state to regulate Internet of Things (IoT) devices, which refer to physical devices that are connected to the internet. Beginning next January, the new law will require manufacturers of IoT devices sold in California to implement reasonable security features that protect the software, data, and information contained within them. While the law regulates only the minimum security standards for IoT devices, its definition of a “connected device” (i.e., an IoT device) may impact product liability claims because “connected devices” are physical objects and not technology. SB 327’s definition suggests that manufacturers of the software in IoT devices may not be held strictly liable for software defects, because the law aligns with and reinforces the view of most courts that software is not a product, but a service.
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Calls for a government-led investigation of the potential negative health effects of crumb rubber turf are getting louder, and the Consumer Product Safety Commission is listening. Crumb rubber turf infill consists of black pellets of ground-up rubber, and it’s become increasingly popular in the construction of sports fields. Some are concerned, however, that crumb rubber turf may expose athletes to cancer-causing chemicals.

On Wednesday, January 27, CPSC chairman Elliot F. Kaye, in statements to a Florida television station, indicated that CPSC will investigate the potential risks of rubber turf.


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North Dakota’s Industrial Commission (Commission) has issued an order tightening the conditioning and transportation standards for oil produced in the Bakken Petroleum System (Bakken, Three Forks, and Spanish Pool). Non-compliance with the new standards carry a penalty of up to $12,500 per day of violation.  The order is set to take effect April 1, 2015.

Pursuant to Order No. 25417, operators will be required to separate light hydrocarbons from all Bakken crude to be transported, and are prohibited from blending light hydrocarbons back into oil supplies prior to shipment.  The order also requires operators to condition Bakken Crude to a vapor pressure of 13.7 pounds per square inch (psi) which is less than national standard of 14.7 psi.
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The National Highway Traffic Safety Administration (“NHTSA”) issued a final rule requiring vehicle manufacturers to install rear view cameras in all vehicles by May 1, 2018.  Will this new rule lead to new avenues of litigation risk and potential liability for vehicle manufacturers?  If past history is a guide, the answer may well be yes.

This new rule, announced on April 7, 2014, applies to all vehicles under 10,000 pounds gross vehicle weight, excluding motorcycles and trailers.   NHTSA established a 48-month phase-in period for manufacturers to equip vehicles with rear view cameras.  The phase-in period runs from May 1, 2016 to May 1, 2018.  The rear view cameras must have a 10-foot by 20-foot field of view directly behind the vehicle.  Small volume and multi-stage vehicle manufacturers are excluded from the phase-in but must comply with all requirements by May 1, 2018.
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This week, the Consumer Product Safety Commission (CPSC) issued a proposal to amend regulation 16 C.F.R. Part 1101, which controls the agency’s implementation of Section 6(b) of the Consumer Product Safety Act, 15 U.S.C. § 2055(b). The proposed revisions, if approved, would limit the safeguards presently protecting manufacturers and label makers (collectively, manufacturers) from CPSC disclosures regarding their products.
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