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.

On July 29, 2024, FDA announced that it added two new features to Cosmetics Direct, the electronic submission portal used for the facility registration and product listing requirements now in effect under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The portal now allows responsible persons to “discontinue” and “relist” cosmetic products.

A warning letter posted by the Food and Drug Administration (FDA) on June 18, 2024 offers a first glimpse into how FDA may enforce its new regulatory scheme for products that fall within the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)’s purview. While MoCRA was enacted in December 2022 and many of its provisions became enforceable on December 29, 2023, until now, many have wondered how FDA will exercise its new enforcement powers.

Talc is a mineral ingredient used in many cosmetic and personal care products, including baby powder, root touch-up products, and blush. Because both talc and asbestos are naturally occurring minerals that may be found in close proximity in underground deposits, there is risk for contamination of asbestos in talc-based products.

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.