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Minnesota just joined the roster of states with extended producer responsibility (“EPR”) packaging programs, and New York and Illinois are evaluating similar legislation. Meanwhile, states with more established programs are...more
The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating...more
You can’t judge a book by its cover, but you can hold the publisher liable for the packaging. In its recently issued opinion, Johnson v. Edward Orton, Jr. Ceramic Foundation, 71 F.4th 601 (7th Cir. 2023), the Seventh Circuit...more
Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more
Historically, neither food companies nor the plaintiffs’ bar have lost sleep over “recyclable” or “recycled content” claims. Over the past year, however, there has been increasing attention to and scrutiny of recyclable...more
On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....more
On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The...more
FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks - The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier...more
The Mexican Ministry of Economy and Federal Commission for the Protection Against Sanitary Risks approved a project on January 24 to modify the mandatory “Official Mexican Standard NOM-051-SCFI/SSA1-2010, General Labeling...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. The big news in cannabis this week comes from New Mexico. Legislation introduced last Thursday would legalize...more
On December 31, 2019, the U.S. Food and Drug Administration (FDA) issued two final guidance documents to assist industry with compliance with the agency’s updated Nutrition Facts labeling regulations. The first final...more
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter...more
The Final Rule promulgated by the USPTO in July is now in effect; amending the requirements for acceptable specimens of use. On October 5, 2019, the USPTO’s Final Rule published this July (available under Addtional...more
In its case “beauty for less”, for which the judgement was released earlier this year, the Federal Supreme Court (FSC) ruled that a trademark owner cannot oppose resale advertising with the argument that the advertising is...more
Hogan Lovells Total Brand Care is our firmwide holistic approach to creating, commercializing and protecting our clients’ most valuable asset – their brands. Creative product labeling and packaging can help promote and add...more
From bright and glossy, to refined and elegant, product labeling and packaging convey information, messaging, and claims about a brand. At the same time the labeling and packaging must also include mandatory information,...more
In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the...more
Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more
JAMA Study and Editorial Call for Improvements in Cosmetic Regulation and Surveillance - In response to a study analyzing adverse events for cosmetics and personal care products, the Journal of the American Medical...more
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 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