Hunton Retail Law Resource

Notwithstanding the FDA’s finding that “[c]urrent scientific evidence does not demonstrate that levels of microplastics or nanoplastics detected in foods pose a risk to human health,” the plaintiffs’ bar steadfastly continues to file class action lawsuits claiming otherwise.

A Delaware court recently held in Mattel, Inc. and Fisher Price, Inc. v. XL Insurance America, Inc., et al., that a series of product liability claims dating back to 2013 constituted a single “occurrence” under the toy manufacturer’s and distributor’s commercial general liability (CGL) policies.