Bob Maxwell and Whitney Miner Author Law360 Article on Reducing Microplastics Liability Exposure

Over the past few years, global concerns about the potential effects of microplastics have increased significantly, driving awareness of how microplastics impact humans. In particular, a study by the University of New Mexico Health Services, released in February, highlighted that plastic particles are being detected in the human body at increasing levels. 

To date, the United States has not enacted laws banning microplastics in food or consumer products (although certain federal agencies have imposed regulations on microplastics in different contexts), whereas the European Union has imposed certain restrictions. Rogers Joseph O’Donnell P.C. Retail Industry Trade Regulation Practice Group co-chair and shareholder James Robert Maxwell and senior associate Whitney R. Miner authored a Law360 article (subscription required) on how consumer product manufacturers, distributors and suppliers can mitigate litigation risk from claims over alleged microplastics in consumer products. 

In their article, “How Cos. Can Mitigate Increasing Microplastics Liability Risk,” Maxwell and Miner analyze recent litigation regarding microplastics and provide tips that manufacturers, distributors and suppliers can take into account, including product labeling, reviewing contracts, audits, testing and investing in packaging research. 

“Recent litigation trends in this area have revolved around threatened or actual class actions against consumer product and food and beverage manufacturers, alleging failure to warn of harmful effects of microplastics in products, false labeling of products as “natural” or “BPA free” when they allegedly contain microplastics, and false labeling of products as “100% recyclable” when they allegedly can never be fully recyclable,” they write in the article. 

Download a PDF of the article here.

Maxwell has more than 30 years of experience in complex civil and criminal litigation. He represents national and regional retainers and distributors in antitrust, unfair business practices, Proposition 65 and other consumer protection litigation in state and federal court. He has extensive experience responding to prosecutions for unfair trade practices brought by the State Attorney General’s office, local District Attorneys and the private plaintiff’s bar.

Miner is a seasoned litigator with more than 13 years of experience in complex commercial litigation, including defending against class actions, and various business tort and breach of contract claims, intellectual property and privacy matters.