Consumer Protection Elections & Politics

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Ho Ho Ho GMO! The 2014 GMO Legislation Scorecard

This has been a big year for GMO legislation. In 2014 alone, 25 states have proposed 67 pieces of legislation aimed either at the labeling of products containing GMOs or at the ban of GMO-containing crops. While this space...more

Before Adjourning, US Congress Adopts Budget With Dodd-Frank Amendments; Fails To Pass Terrorism Risk Insurance Legislation

Before the 113th Congress adjourned on December 16, Congress adopted the Consolidated and Further Continuing Appropriations Act of 2015, which ensures the federal government operates with budget certainty until September...more

Congress Passes the National Cybersecurity Protection Act: Codifies National Cybersecurity Center & Creates Federal Agency Data...

The National Cybersecurity Protection Act of 2014 (NCPA) was passed by the House on December 8th, by the Senate on December 10th, and signed by the President on December 18th. Senate Committee on Homeland Security and...more

Alert: Congress Ramps Up Cyber Legislation Activity: Four Bills Await President Obama's Signature

After years of pundits saying "oh, major cyber legislation will pass this year," it may finally be happening. Last week Congress hammered out details on four different cyber bills that are intended to help the country move...more

Vermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill

As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed...more

Lawmakers Query Banks About Data Security

Why it matters - Suffered a cyber attack over the last year? Members of Congress want to hear about it, and all financial institutions should be prepared to competently respond to government inquiries if they are a...more

USA Freedom Act Filibustered: Debate Over National Surveillance And Government Data Collection Likely Scuttled Until Next Year

The USA Freedom Act was blocked in the Senate on November 18 when the sponsors could not obtain cloture, the 60 votes needed to shut down debate and obtain a vote on the bill. The bill addressed the limits of government data...more

House Committee Hearing Debates "GMO" Labeling Bill

On December 10, 2014, the U.S. House Energy & Commerce Subcommittee on Health held a hearing on Examining FDA's Role in the Regulation of Genetically Modified Food Ingredients. The witnesses included Michael Landa, Director...more

2015 Omnibus Provides $123 Million in Funding for the CPSC with No User Fee Authorization; Report Language Focuses on Test Burden...

Update: After some uncertainty, Congress passed and the President is expected to sign the 2015 Omnibus bill into law. The report language of the Omnibus bill incorporated by reference House Report 113-508, which...more

Executive Order Mandates Heightened Data Security Measures for Government Agencies

On October 17, 2014, President Obama signed an executive order for its BuySecure Initiative requiring government agencies to transition payment processing terminals and credit, debit and other payment cards to employ enhanced...more

Health Care Update - December 2014

In This Issue: - FDA Releases Menu Labeling Rule - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Upcoming Congressional Hearings - Excerpt from FDA...more

Senate Confirms Adler; Locks Democratic Majority at CPSC until October 2017

Late yesterday the U.S. Senate confirmed current Commissioner and former Acting-Chairman Robert S. Adler to a second 7 year term as a CPSC Commissioner by a 53-44 vote. With Commissioner Adler’s confirmation, the five-member...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Advocates of GMO labeling vow to continue fight even after electoral...more

Cloture Filed on Adler Nomination; Burgess Named Subcommittee Chairman

Yesterday evening, Senate Majority Leader Harry Reid (D-NV) filed cloture on the re-nomination of Robert Adler to be a Commissioner of the Consumer Product Safety Commission (CPSC). If cloture is invoked—meaning three-fifths...more

Berkeley's Measure D: What Distributors, Restaurants and Retailers need to know about the Berkeley "Sugar Tax"

According to its backers, the Berkeley “Sugar Tax” is the future of sugar in America. Berkeley’s Measure “D,” which garnered an overwhelming 75% “yes” vote, imposes a general excise tax of $0.01 per ounce on the distribution...more

The State and Local GMO Regulatory Landscape – Post-Election Edition

The November election changed the regulatory landscape for genetically modified organisms (“GMO”). Though none of the proposed GMO labeling laws on state ballots succeeded, two counties were successful in passing either a ban...more

CPSC Focusing on Three Areas for Reduction of CPSIA Testing Burdens

At their April Senate confirmation hearing, both incoming CPSC Chairman Elliot Kaye and Commissioner Joe Mohorovic pledged to Senator John Thune (R-SD) to submit plans for reducing third party testing burdens within 60 days...more

Five Cyber Security Takeaways from the Mid-Term Elections

While not a much-discussed topic during campaign season, federal policy on cyber-security will likely see some material changes as a result of a Republican-controlled Senate. Just how significant those changes will be has yet...more

Pushing for Security, President Signs Executive Order on Chip-and-PIN Tech

Why it matters - In an effort to push retailers to adopt heightened security for credit and debit cards, President Barack Obama signed an executive order mandating chip-and-PIN technology for government cards. ...more

Food and Beverage News and Trends

GMO labeling measure defeated in Colorado; results in Oregon too close to call. Colorado’s Proposition 105, which would have required manufacturers to place labels on food containing genetically modified ingredients, was...more

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the...more

November Elections Impact the Food & Beverage Industry (Part 1)

Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no;...more

Data Breaches: Industry Calls for Single, Federal Breach Notification Standard

Yesterday, a coalition of 44 service and retail industry trade associations sent a letter to congressional leadership, urging the House and Senate to adopt a single data breach notification standard at the federal level. The...more

CFPB’s constitutionality again before D.C. Circuit in Morgan Drexen appeal

The CFPB’s constitutionality is again before the D.C. Circuit, with the D.C Circuit now being asked to consider the impact of the U.S. Supreme Court’s decision in NLRB v. Canning on actions taken by the CFPB while Director...more

The 2014 Election: A Critical Juncture in Financial Services Legislation, Regulation, and Oversight

As November draws closer, the financial services industry is staking out a front row seat in tracking the outcomes of the 2014 midterm elections. The 114th Congress’ legislative agenda in this area will be shaped in large...more

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