Environmental Communications & Media

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China Revises Hazardous Substances Restriction Laws

China’s Ministry of Industry and Information Technology (MIIT) has recently announced a revised version of the Restriction of Hazardous Substances (RoHS 1), which will come into effect on July 1, 2016. The revised...more

Prop. 65 Warning Requirement for BPA Takes Effect May 11

The California Proposition 65 warning requirement for Bisphenol-A (BPA) takes effect on May 11, 2016. After May 10, products that contain BPA sold in California without a Prop. 65 warning could subject retailers,...more

Eight Ways to Work with the Press in an Evolving Media Landscape

Do you find yourself checking social media for news instead of sitting down each morning to read the newspaper? If so, you’re not alone! Last year, 63% of Twitter users agreed that the platform serves as a source for news,...more

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Deadline Approaching for Prop 65 Compliance for Bisphenol A

Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from January 15, 2015 – February 15, 2016. LAR is quickly embracing consumer-right-to-know initiatives through a host of new proposed labeling and product claims standards....more

USDA Releases BioPreferred Program Fact Sheet And Announces Tide PurClean Certification

Last week, USDA issued a fact sheet containing an Overview of USDA's BioPreferred Program (BioPreferred). BioPreferred was created in 2002 with the passing of the 2002 Farm Bill, and was recently expanded as part of the 2014...more

Waters of the U.S. Rule Drowning to Start 2016

Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition...more

Volkswagen refuses to share emails with the U.S. Investigators, citing privacy concerns

German auto manufacturer Volkswagen (VW) is reportedly using German privacy laws to resist turning over its top executives’ internal corporate emails and other communication materials to United States attorneys general and...more

Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers

This week, the U.S. Federal Trade Commission (FTC) announced that it has sent warning letters to five marketers of environmental certifications and seals, as well as over 30 product companies displaying those certifications,...more

New Draft Prop. 65 Warning Regulations: What Manufacturers and Suppliers Need to Know

On November 24, 2015, the Office of Environmental Health Hazard Assessment (“OEHHA”) issued proposed revisions to its January 15, 2015 draft Prop. 65 warning regulations. 27 CCR §§25600 et seq. The full text of the new draft...more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

$85,000 in Fines Proposed for RF Exposure Violations after Ineffective Rooftop Barriers and Signage Lead to Building Owner’s...

Today the Federal Communications Commission’s (FCC’s) Enforcement Bureau (Bureau) issued a pair of closely-related enforcement actions against two radio station licensees for failing to comply with the FCC’s radiofrequency...more

Laminate Flooring and Chinese Drywall: Where Are We Now?

On March 1, 2015, television news magazine “60 Minutes” aired a report concluding that Chinese-manufactured laminate flooring sold by Lumber Liquidators contained and “off-gassed” formaldehyde at levels exceeding health and...more

FTC Backs Off Green Guides Biodegradability Standard

On October 20, 2015, the U.S. Federal Trade Commission (FTC) issued an opinion and order holding that ECM BioFilms, Inc., a manufacturer of plastic additives, had made false or misleading claims about the biodegradability of...more

FTC Strikes Again—Company Found to Make False and Misleading Biodegradable Claims

On October 20, 2015, the United States Federal Trade Commission (FTC) released a Final Order with a corresponding Opinion against ECM BioFilms, Inc. (ECM) stating that ECM made false and unsubstantiated environmental claims...more

Trade & Manufacturing - October 2015

Ending the Crude Oil Export Ban - On September 17, the House Energy and Commerce Committee passed a bill to end the 40-year-old ban on the export of domestic crude oil. The Committee vote was passed by a Republican...more

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

FTC Green Guides: FTC Sends Warning Letters Concerning Environmental Certification Seals

The Federal Trade Commission (FTC) announced in a September 14, 2015, press release, "FTC Sends Warning Letters about Green Certification Seals," that it sent warning letters to five providers of environmental certification...more

“Green” Certifications and Seals Do Not Have FTC Approval

On September 14, FTC staff sent warning letters to five providers of environmental certification seals and 32 businesses that display them online, alerting them to the agency’s concerns that the seals may be deceptive and may...more

Circuit Court Grants Writ of Mandamus Requiring EPA to Act on Petition to Ban Chlorpyrifos

In an opinion issued on August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit granted a writ of mandamus requested by Pesticide Action Network North America and the Natural Resources Defense Council (Petitioners)...more

The Legal Risks Associated with Corporate Sustainability Reporting

Investors, consumers and other stakeholder groups are driving a growing demand for companies to disclose more information about their environmental, social and governance (ESG) and sustainability practices. Many companies are...more

USDA Issues Final Rule Amending Voluntary Labeling Program For Biobased Products

On June 15, 2015, the U.S. Department of Agriculture (USDA) issued final amendments to the regulations concerning the Voluntary Labeling Program for Biobased Products. The rule is intended to incorporate statutory amendments...more

California Appellate Court Affirms Judgment in Favor of Food Company on Claims of Lead Exposure

In an important victory for defendants doing business in California, the California Court of Appeal recently affirmed a trial court’s decision holding that the defendants did not violate Proposition 65, California’s toxics...more

In Big Defense Win, Appellate Court Affirms that Proposition 65 Exposure Level Can Be Based on Average Consumption Over Time

In an important victory for defendants doing business in California, the California Court of Appeal recently affirmed a trial court’s decision holding that the defendants did not violate Proposition 65 (Prop 65), California’s...more

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