Major Product Liability Developments in 2024: Expert Analysis by Jeremy Robinson
Originally Published in Law360: August 23, 2024
The first half of 2024 has witnessed transformative developments in product liability law. From the Supreme Court’s dismantling of Chevron deference to groundbreaking PFAS settlements and a landmark CPSC ruling on Amazon’s liability, these changes are reshaping the legal landscape. As a legal innovator at Savin Hennessey & Kim LLP, Jeremy Robinson provides expert analysis on these crucial developments.
The End of Chevron Deference
In a watershed moment for administrative law, the U.S. Supreme Court overturned the decades-old Chevron doctrine in June 2024. The ruling in Loper Bright Enterprises v. Raimondo fundamentally changes how courts interpret agency regulations.
Key Aspects of the Ruling:
- Chief Justice Roberts, writing for the 6-3 majority, instructed judges to use their own judgment in evaluating agency statutory authority
- The decision creates legal uncertainty across multiple sectors, including environmental, energy, and healthcare
- Dissenting Justices argued for maintaining Chevron as the “cornerstone of administrative law”
Implications for FDA Regulation
The ruling’s impact extends to FDA regulation of off-label drug promotion. Legal experts suggest this could lead to significant changes in how the FDA’s interpretation of the Federal Food, Drug, and Cosmetic Act is challenged and applied.
Landmark PFAS Settlements
2024 has seen unprecedented settlements addressing PFAS contamination of public water systems:
DuPont, Chemours, and Corteva Settlement
- $1.18 billion agreement approved in February
- Covers remediation of contaminated public water systems
- Includes testing and future remediation provisions
3M Settlement
- Up to $12.5 billion settlement approved in April
- Encompasses approximately 12,000 public water systems
- Addresses PFAS in firefighting foam
- Innovative opt-out structure for water systems
CPSC’s Groundbreaking Amazon Ruling
In a decision with far-reaching implications for e-commerce, the U.S. Consumer Product Safety Commission determined that Amazon bears legal responsibility as a distributor for products sold by third-party sellers.
The Ruling’s Significance
The unanimous order established Amazon’s distributor status for products including:
- Faulty carbon monoxide detectors
- Hair dryers lacking electrocution protection
- Children’s sleepwear not meeting flammability standards
Expert Analysis from Jeremy Robinson
Drawing from his experience winning a California appellate case holding Amazon liable for a defective laptop battery, Robinson provides crucial insight on the ruling:
“They pretty thoroughly dismantled Amazon’s various arguments about them just being a logistics provider or facilitator,” Robinson explains. “The decision was very thorough, and went through piece by piece, and explained why that’s not true and why Amazon’s characterization of itself drastically underestimates its actual level of involvement in these things.”
Looking Forward
These developments signal a transformative period in product liability law. The end of Chevron deference, massive PFAS settlements, and new precedents for e-commerce liability are reshaping how courts, companies, and regulators approach product safety and liability issues.
Practical Implications
- Increased judicial scrutiny of agency interpretations
- New frameworks for addressing environmental contamination
- Enhanced accountability for online marketplaces
- Expanded consumer protections in e-commerce
Read the full analysis in Law360
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