Environmental Communications & Media

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California Proposition 65 Caramel Coloring Suits

This January, Consumer Reports, an independent product testing organization, released a report entitled “Caramel Color: The health risk that may be in your soda” detailing its investigation of the presence of...more

DfE Under Fire: Do Fragrances Pass the Sniff Test?

Logos are powerful in driving consumer preferences. My three-year-old loves the Starbucks logo because he knows it means cookies for him and a chai latte for mommy. The Energy Star logo often plays an important role in...more

Proposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks

Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing organization, released a report...more

Sleeper “Small” Cells: The Battle Over The FCC’s Wireless Infrastructure Proceeding

As policymakers and regulators struggle to keep pace with corporate deal makers (read Comcast-Time Warner Cable merger and Comcast-Netflix deal) and address the structures undergirding our Nation’s electronic communications...more

Private Governance of Green Claims in the Marketplace: The Role of NAD and Advertising Self-Regulation

Private environmental governance encompasses a broad range of private actors creating systems and mechanisms for promoting various environmental or “green” attributes. Increasingly, companies are conducting life-cycle...more

FDA Refusal to Define "Natural" Leaves Food Manufacturers at Risk for More and Costlier Class Action Litigation and Looking for...

The U.S. Food and Drug Administration this month declined to weigh in on the issue of whether food products containing genetically modified ingredients can be labeled as "natural," refusing the request of three federal judges...more

FCC Sets Comment Deadlines for Notice of Proposed Rulemaking on Environmental and Historic Review Processes for Small Cell and...

The Federal Communications Commission (“FCC” or “Commission”) recently released a Public Notice setting comment deadlines for its September 26, 2013 Notice of Proposed Rulemaking (“NPRM”) on improving wireless facilities...more

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

“Just The Facts, Ma’am:” FTC Actions Target “Biodegradable” Claims

Armed with its revised Green Guides, the Federal Trade Commission (FTC) continues to police what it sees as false and misleading environmental claims. In October, the agency announced six enforcement actions in response to...more

More GMO Labeling Ballot Initiatives Coming in November; Federal Labeling Initiatives in Congress

Despite losses in California and Washington, groups in favor of labeling food containing or consisting of genetically modified organisms (“GMO”) continue legislative efforts at the state and national level. Oregon and...more

FCC Proposes New Rules On Local Wireless Siting [Video]

The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other...more

Advertising Law -- Nov 18, 2013

C May Now Be For Celery or Carrots - Thanks to a deal brokered by First Lady Michelle Obama and her Partnership for a Healthier America, Sesame Street characters will soon appear in the produce department. In a...more

FTC Enforcement Initiatives Spotlight Risks In Making Green Marketing Claims

The Federal Trade Commission has launched an enforcement program to encourage compliance with the agency’s recently revised Green Guides. It has brought at least 12 actions alleging deceptive and misleading claims based on...more

Crowdfunding of Solar, Other Renewables One Step Closer

Earlier this week the SEC today proposed rules for Crowdfunding, which was initially enacted under the JOBS Act (Jumpstart our Business Startups). After the enactment of the JOBS Act in April, 2012 and given the early, but...more

Legislative Update Report No. 2013-19 -- Oct 11, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

FCC Explores Opportunities to Expedite Deployment of Wireless Broadband Facilities

On September 27, 2013, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“Notice”) directed at expediting the deployment of wireless broadband facilities. Currently, parties seeking to...more

Advertising Law -- Aug 08, 2013

Mattress Claims Run Afoul of Green Guides - The Federal Trade Commission, applying the Green Guides to the advertising of three different mattress manufacturers, stated that the companies slept on the requirements for...more

New EU Regulation on Cosmetic Products Enters Into Force

On 11 July 2013 Regulation (EC) No 1223/2009 (Regulation) will replace the Cosmetics Directive of 1976 that used to rule cosmetic products in the European Union. Major aims of the Regulation are health protection, animal...more

Super Storm Sandy, Climate Change and Telecommunications Infrastructure: The Report from Mayor Bloomberg’s Special Initiative on...

On June 12, 2013, Mayor Bloomberg reported the findings and recommendations of his post-Super Storm Sandy task force. The goal of the report is primarily to minimize disruptions from climate hazards and to improve New York...more

Legislative Update Report No. 2013-12

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

McAfee & Taft tIP Sheet - June 2013: It’s not easy saying you’re green - Avoiding unfair and deceptive environmental marketing...

As a famous amphibious Muppet once noted, it’s not easy being green. This sentiment is shared by the Federal Trade Commission, which has issued Guides for the Use of Environmental Marketing Claims (also known as the “Green...more

It’s Not Easy Being Green…Or Is It.

Anyone that watches TV or reads magazine or listens to the radio or otherwise participates in the day-to-day interactions with society know that “green” marketing is a hot item right now. Normally, I suffer silently through...more

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

City of Arlington v. FCC: Did the Supreme Court Just Expand the Scope of Chevron Deference? No.

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even where they involve questions relating to the scope of an agency’s authority...more

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