Retailers Manufacturers

News & Analysis as of

California AG Asks Retailers And Manufacturers To Report On Supply Chains Act Compliance

The California Attorney General’s office recently sent letters to retailers and manufacturers asking them to demonstrate compliance with the California Transparency in Supply Chains Act or why they are not subject to the act....more

Polsinelli Podcasts - The Latest on a Shift in Regulation in Dietary Supplements [Video]

The FDA provides oversight of dietary supplements. Recently, the New York Attorney General's Office sent cease and desist letters to four major national retailers accusing them of selling dietary supplements that failed to...more

What’s Really in Your Supplements?

New York State Attorney General’s Investigation Has Sparked a Coalition of State Attorneys General Against Herbal Supplement Manufacturers: What does this mean for the industry as a whole in terms of product liability...more

A Clean Slate? California Bill Is Latest Attempt to Legislate Labeling Requirements for Cleaning Products

Another potentially meaningful development in legislation affecting consumer products companies: on February 25, a California legislator introduced a bill, AB 708, that would require manufacturers, distributors and retailers...more

Illinois Retailers Beware: Class Action Complaint Filed Against Grocer for Collecting Illinois Sales Tax on Manufacturers’ Coupons...

A class action complaint was filed in federal court last week against New Albertson’s, Inc. the operator of the Jewel-Osco grocery chain, alleging failure to deduct manufacturers’ coupons from the tax base on which sales tax...more

Indiana Reforming Beer Laws

Last week, the Indiana House of Representatives voted 87-7 to raise the production limit on the amount of beer that can be produced by craft breweries. The proposed legislation would increase the production level to 90,000...more

Anheuser-Busch Loses Key Battle in Kentucky

Since Prohibition, Kentucky brewers have not been allowed to own their own distributors. Like many states throughout the United States, Kentucky implemented a three-tier system that separates the alcohol industry into...more

Surprise! You May (or May Not) Owe New Jersey’s Litter Fee

New Jersey imposes a Litter Fee on wholesale and retail sales of certain consumer products in (or into) New Jersey. Although called a “user fee” by the statute, the Litter Fee is administered by the Division of Taxation and...more

A Guide to the Internet of Things

With the Internet of Things (“IoT”) comes yet another technology-driven advancement that challenges businesses with promising opportunities and potentially vexing responsibilities. In particular, manufacturers and retailers...more

Omega S.A. v. Costco Wholesale Corporation - USCA, Ninth Circuit, January 20, 2015

In Depth - Relying on Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, Inc., Ninth Circuit affirms summary judgment in favor of Costco, holding that “first sale” doctrine protects Costco from infringement...more

Washington State Producers and Retailers of Mercury-Containing Lights Face New Regulations

The New Year brought with it new obligations for any company that produces or sells mercury-containing lights in (or into) Washington State. As of January 1, 2015, the State’s recycling program and corresponding funding...more

NLRB Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more

2014 Survey Of Class Action Cases In Virginia: The Statistics

In Virginia, class action lawsuits are not permitted in state court. This limitation, however, does not mean that companies doing business in Virginia are not defending class action lawsuits in Virginia....more

Follow up to Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp.

In October, we wrote about the Seventh Circuit’s reconsideration of Motorola Mobility LLC v. AU Optronics Corp., 746 F.3d 842 (7th Cir. 2014) and the reach of the Sherman Act and the Foreign Trade Antitrust Improvements Act...more

Carving Out Small

States have been vested with the responsibility to regulate the manufacture, distribution, and sale of alcoholic beverages since the repeal of Prohibition. In carrying out this authority, many states have implemented a three...more

The Price Intelligence Sweet Spot: Safe Data Exchange Standards to Keep You in the “Safety Zone”

In a highly competitive marketplace, access to price intelligence is an increasingly vital asset for retailers and manufacturers of all kinds of consumer goods and services. Many price intelligence tools allow companies to...more

When Your Customer Files Bankruptcy and Your Factor Has not Approved the Orders: Reclamation, Administrative Claims and Other...

Consider the plight of a manufacturer of women’s blouses who sells to every major department store and specialty chain in the country. One of her highest volume customers is a 150 store chain of boutiques. Let’s call the...more

EEOC Roundup: October 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

CPSC Announces Largest Civil Penalty to Date for Alleged Failure to Timely Report

On October 28, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced that Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C., agreed to pay a $4.3 million civil penalty to...more

CAFC’s Decision in Victoria’s Secret Case Could Impact Tariff Classification of “Other Garments”

The Court of Appeals for the Federal Circuit (CAFC) recently affirmed the Court of International Trade’s (CIT) decision classifying shelf bra camisoles under subheading 6114.20.00 of the Harmonized Tariff Schedule of the...more

How to protect brand reputation and sales from the risks associated with a product recall

Q: I am in charge of risk management for a global organisation and have been asked to investigate product risk. What suggestions can you offer on managing global supply and distribution? A: in the past decade or so,...more

California Issues Draft Three-Year Green Chemistry Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) issued a draft Priority Product Work Plan (Work Plan) pursuant to the California Safer Consumer Product (SCP) regulations. The Work Plan...more

DTSC Releases Draft Initial Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under the Safer Consumer Products Regulations. The Regulations require...more

California Supreme Court Clarifies an Insurer’s Duty to Defend in Disparagement Cases

Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more

The GPMemorandum, Issue 183

In This Issue: - Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case: Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has...more

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