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Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal Risk

Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled...more

WARNING: Prop 65 Can Expose Product Manufacturers to Increased Litigation in California

California's Proposition 65 ("Prop 65") requires product manufacturers and sellers to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone in California to a chemical listed by the...more

Update: Fundamental Change to U.S. Warranty Law: Consumer Warranties Can Soon be Posted Online

Recent changes to the federal statute governing warranties on consumer products will make it easier and more cost-effective for consumer product manufacturers and suppliers to satisfy the federally-mandated warranty...more

Learn More Next Week on FCPA Compliance and Leadership

If you are in Houston next Thursday, September 15, and want to hear three of the city’s top compliance practitioners, I invite you to join myself and the members of the Greater Houston Business and Ethics Roundtable (GHBER)...more

Seventh Circuit Reverses Promotional Service Decision Under the Robinson-Patman Act

On August 12, 2016, the Seventh Circuit decided Woodman’s Food Market, Inc. v. Clorox Co., No. 15-3001, and held that Clorox’s refusal to sell bulk-sized packages of certain products to some retailers, like Woodman’s, when it...more

Package Size Is Not a “Service” Under Section 2(e) of the Robinson-Patman Act, Says Seventh Circuit in Clorox

On August 12, the Seventh Circuit issued its decision in Woodman’s Food Market v. Clorox Co., an appeal that we have been watching closely. The Seventh Circuit’s ruling, which held that product package size is not a...more

Refusal to Sell Bulk-Size Packs, Without More, Is Not Price Discrimination – “Size is Not a Service”

Woodman’s Food Market, Inc. v. Clorox Co., No. 15-3001 (7th Cir. August 12, 2016). Clorox Sales Company and Clorox Company produce a range of consumer goods. Clorox sold goods to Plaintiff Woodman’s Food Market, a...more

Seventh Circuit Decrees That Package Size Alone Is Not Enough for a Robinson-Patman Claim

On August 12, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an opinion in Woodman's Farm Market, Inc. v. The Clorox Co., No. 15-3001 (7th Cir. August 12, 2016), in which it held that a plaintiff cannot state...more

EU Retail News - July 2016

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

Legal Update: Regulation of E - Cigarettes

On May 5, 2016, the federal Food and Drug Administration (FDA) announced new regulations governing the sale of e-cigarettes, hookahs, dissolvable tobacco, pipe tobacco, cigars and other tobacco products (ENDS). The new rule...more

FDA Regulation of E-Cigarettes: The What, When, and Warnings

On May 10, 2016, the Food and Drug Administration (FDA) issued a final rule extending its regulation of "tobacco products" to include electronic cigarettes and similar products, sometimes called Electronic Nicotine Delivery...more

What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You...

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

No Rule of Reason Here: State AG Reminds Manufacturers That Minimum Retail Price Agreements Are Illegal Per Se in Maryland with...

In 2007, the Supreme Court overturned almost a century of precedent by ruling that vertical price restraints were no longer per se violations of the Sherman Antitrust Act (the “Sherman Act”), finding they would now be...more

7th Circuit Not Convinced That Bulk Packaging Constitutes a Promotional Service Under The Robinson-Patman Act

The Robinson-Patman Act (the “RPA” or the “Act”) is designed to ensure fair competition among purchasers. The Act separately addresses different forms of unlawful discrimination between competing purchasers — section 2(a)...more

Made in the USA? Or not?

When can a company tout its products as "Made in the USA"? Different (sometimes conflicting) standards under federal and state law can make it difficult for shoppers to know what they’re buying and manufacturers and retailers...more

Modern Slavery Act 2015

The Modern Slavery Act 2015 (the “Act”) comes into force on 1 October 2015 and requires organisations to publish a statement in each financial year setting out the steps they have taken to tackle the problem of slavery and...more

European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each...

Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s...more

ADA Compliance: Landlords, You're On the Hook

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Rating Agency Developments

On August 26, DBRS issued Methodology – Rating Companies in the Communications Industry. On August 26, DBRS issued Methodology – Rating Companies in the Consumer Products Industry. On August 26, DBRS issued Methodology –...more

Doing Business in the U.K.? Modern Slavery Act £36M Threshold Issued

Companies doing business in the United Kingdom take note: the U.K. government just made the not-so-long-awaited announcement that businesses with an annual turnover of 36 million British pounds (£36M) will be subject to the...more

Export Control Reform Roundup – Overview of Recent Developments

In This Issue: - I. BIS and DDTC Publish Their Respective Proposed “Bookend” Controls on Toxicological Agents and Directed Energy Weapons - II. BIS and DDTC Publish Their Respective Proposed “Bookend” Definitions...more

New Nevada Commerce Tax Effective July 1, 2015

While not purporting to give specific advice on Nevada tax law, the following is a summary of some of the general principals underlying the new tax law. A new Nevada Commerce Tax (“NCT”) was signed into law by Nevada Governor...more

Making a “Made in the USA” Claim Requires a Reading of Federal and State Law

Given the rise in false advertising claims, manufacturers and retailers that wish to label or advertise their goods as being “Made in the USA” must be aware of federal and state laws that place certain requirements on the...more

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