Distributors

News & Analysis as of

Act 39 of 2016: RAMP and Surcharge Changes Applicable to all License Holders - NMM Liquor Law Blog

On June 13, 2016, Governor Wolf signed into law House Bill 1690, otherwise known as Act 39 of 2016, which is considered one of the most significant liquor reform bills since Prohibition. Today’s blog, a continuation of our...more

Forget About Vermont!: Congress Passes GMO “Labeling” Legislation

On July 14, 2016, the House of Representatives passed S.764 creating a National Bioengineered Food Standard. Importantly for food manufacturers and distributors, the law – expected to be signed by President Obama – will...more

A right in Germany to sell through online marketplaces?

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have...more

Hidden Threats to Your Supply Chain

In 1997, during a period of peak demand, a factory fire at Aisin Seiki Co., one of Toyota's key suppliers, shut down production of P-valves, a small but vital component in Toyota's braking systems. Toyota, champion of...more

Chemical Industry: Significant Changes to Toxic Substances Control Act (TSCA) Require Attention

On June 22, 2016, President Barack Obama signed into law, effective immediately, the first substantive amendments to the Toxic Substances Control Act (TSCA) since it was enacted forty years ago. The new public law, known as...more

Sixth Circuit Tri County Decision Provides Much-Needed Clarity on “Successor” Provision in Ohio Franchise Law

I attach a copy of the US Court of Appeals for the Sixth Circuit’s recent decision in Tri County Wholesale Distributors v. Labatt USA Operating Company, Nos. 15-3710/3769 (6th Cir., July 6, 2016). For students of the...more

New Changes to Florida Beverage Laws Started July 1st

Changes to Florida’s Beverage Laws have drawn attention and controversy over recent years as groups ranging from small craft breweries to major retail vendors have lobbied for legislative amendments to the State’s...more

Philadelphia Enacts Soda Tax

On Thursday, June 16, 2016, the Philadelphia City Council passed Bill No. 16017601, known colloquially as the “Soda Tax.” This ordinance imposes a tax of 1.5 cents per ounce on any sugar- or artificially-sweetened beverage...more

Philadelphia Targets Sweetened Beverages for New Revenue; Imposes First Big-City Soda Tax

On Thursday Philadelphia became the first major U.S. city to approve a tax on sodas and other sweetened beverages. In enacting Bill Number 16017601, the Council added a new Chapter 19-4100 to the city code, which imposes a...more

Major New Wave of California Proposition 65 Lawsuits About to B(PA)reak

May 11, 2016. A day that may live in California Proposition 65 infamy. The date marks the one –year anniversary of the listing of Bisphenol A (BPA) as a reproductive toxicant under Proposition 65, and the expiration of the...more

Kuwait introduces new Agency Law: franchisors take note

The State of Kuwait recently enacted Law No. 13 of 2016 (the Agency Law) on the regulation of commercial agencies in Kuwait, explicitly overturning the former agency law. The Agency Law introduces material changes to the...more

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

OEB Considering Changes to Commercial and Industrial Customers’ Rate Design

The Ontario Energy Board (OEB) has published a staff discussion paper, Rate Design for Commercial and Industrial Electricity Customers: Aligning the Interests of Customers and Distributors (Staff Discussion Paper), in which...more

The District of Columbia and Washington State Pass Back-to-Back Bans on Flame Retardants

The District of Columbia and the state of Washington recently enacted laws banning the use of listed flame retardants in certain products, ranging from children’s products and residential upholstered furniture in Washington...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

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...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

Considerations For Manufacturers/Distributors Who Are Negotiating Contracts Without Any Leverage

Negotiating contracts in the supply chain are certainly challenging. As a lawyer, there is a temptation to want to change every term that is not to your liking. And, for that reason, a lot of lawyers will receive a contract...more

Sales Reps Denied Summary Judgment in Artificial Hip Case Despite Absence of Legal Duty to the Plaintiff

Once upon a time there was a federal judge . . . . When we were little, we liked it when our mom spun free-form fairy tales for us. We would contribute the object of the “was” (“Once upon a time there was a . . . bullfrog”),...more

MEXICO ELECTRICITY SECTOR: CENACE Publishes Forms of Model Agreements for Transporters, Distributors, Contractors and Market...

If you read one thing... - The model Agreements provide the initial framework for the contractual relationships between Mexico’s National Center for Energy Control, on the one hand, and transporters, distributors or...more

Maryland Expands the Potential for Manufacturer Liability in Failure to Warn Cases by Adopting an Exception to the Bare Metal...

Product manufacturers in Maryland have successfully argued for at least the last 16 years that, in terms of warnings, they are only responsible for products that they themselves have placed in the stream of commerce. In other...more

OSHA Extends Process Safety Management Standard Compliance Date for Bulk Chemical Distributors

OSHA has come full circle…almost. In a December, 2015 revised interim enforcement memorandum, the agency indicated it will not enforce the Process Safety Management (PSM) Standard for “highly hazardous chemicals” (HHC)...more

Fixing America’s Surface Transportation (FAST) Act Could Spell Trouble for Tire Manufacturers, Distributors and Retailers

On December 4, 2015, President Obama signed into law a massive (1,300-page) five-year, $281 billion transportation bill that not only covers highway, transit and rail project funding but also includes the following important...more

Fifth Circuit Considers Independent Conduct in Vertical Agreements to Facilitate Horizontal Conspiracy

On November 25, 2015, the Court of Appeals for the Fifth Circuit affirmed the $156 million antitrust judgment in MM Steel, L.P. v. JSW Steel (USA) Incorporated; Nucor Corporation, upholding a jury verdict that found one...more

Why The Recent Indictments of Nutritional Supplement Executives Matter To All Manufacturers/Distributors

Our firm has substantial experience in representing nutritional supplement manufacturers.  For that reason, the news that the Justice Department and federal agencies (such as the FTC) is engaged in a nationwide sweep of such...more

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