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News & Analysis as of

OEHHA Proposes New Prop. 65 Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has released another draft of its proposed amendments to the Proposition 65 warning regulations. This is the third draft OEHHA has released for public...more

India Relaxes Rules on Foreign Direct Investment in E-Commerce

In Press Note No. 3 released on 29 March 2016 the Government of India (Ministry of Commerce & Industry, Department of Industrial Policy and Promotion) announced that foreign direct investment (“FDI”) of up to 100% would be...more

Plaintiffs Continue To Search For Private Cause Of Action Under Transparency In Supply Chains Act

Last January, I wrote about one plaintiff’s unsuccessful attempt to pursue claims against the maker of Fancy Feast cat food for failure to disclose the alleged use of forced labor. Barber v. Nestlé USA, Inc., 2015 U.S. Dist....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

New Attention to Hoverboard Dangers

Personal injury lawyers discuss the Consumer Product Safety Commission’s (CPSC) official notice about the dangers of hoverboards. Hoverboards can pose serious injury risks to users.]...more

Children's Products: Safety Regulations Governing Rattles and Magnet Sets

Through the Consumer Product Safety Improvement Act (CPSIA) and other federal statutes, the Consumer Product Safety Commission (CPSC) has promulgated regulations governing the manufacture and sale of children's products in...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

Weekly Update Newsletter - January 2016 #3

SMALL BUSINESS ADMINISTRATION - Employee Based Size Standards in Wholesale Trade and Retail Trade - The U.S. Small Business Administration (SBA or Agency) increased 47 small business size standards based on the...more

When Product Liability Meets the Uniform Commercial Code

Clients who are first introduced to the concept of strict liability in the context of a product liability lawsuit are often shocked to learn they can be held liable for a product defect simply because they sold the defective...more

Ninth Circuit Opens the Door to Relaxing Decades-Old Law Restricting Supplier-Paid Advertising in Retail Establishments

In a decision released on January 7, 2016, Retail Digital Network LLC v. Jacob Appelsmith, the U. S. Court of Appeals for the Ninth Circuit overturned 29-year-old precedent set in Actmedia Inc. v. Stroh, which held that those...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

U.K. Implements Global Supply Chain Disclosure Requirements

On October 29, 2015, Part 6 of the U.K. Modern Slavery Act 2015 (“MSA 2015”) came into force. The MSA 2015 has been described as a “historic milestone” by the U.K. Home Secretary and is representative of the increased focus...more

Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. ...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

Click it to Stick it: Guide to Creating Binding Online Agreements

Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more

President Signs E-Warranty Statute Amendment

In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty...more

Swag: What Can Your Hotel Restaurant Accept for Free?

A distributor is knocking on your hotel restaurant’s door, offering key chains from a hot new distillery for your customers. A brewery just dropped off coasters for use in the restaurant’s bar. And a winery offered cork...more

Food Safety’s Shifting Paradigm

The recent news that Stewart Parnell, convicted former Peanut Corporation of America CEO, is facing a possible life sentence as a consequence of his role in the nine deaths and hundreds of illnesses caused by PCA’s salmonella...more

Governor Brown signs bill returning California to mainstream on “Made in USA” labeling and providing a potential avenue to end...

A bill signed last week by California Governor Jerry Brown gives manufacturers and retailers a good argument that pending litigation over “Made in USA” labeling should be dead in its tracks. That is the key takeaway from the...more

Recent Moves to Improve the Investment Climate in Saudi Arabia

Within the last week, we have seen several announcements by the Kingdom of Saudi Arabia (KSA) that demonstrate its on-going commitment to strengthening regulations in order to encourage foreign investment. Perhaps most...more

California Joins rest of Country in “Made in USA” Rules

California, the beacon of individualism and often marching to its own set of rules, has joined the rest of the country as Gov. Jerry Brown has signed SB 633 which revises California’s take on what constitutes “Made in USA”....more

Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s...more

Seminal NLRB Decision Redefines Joint-Employer Liability

In a highly anticipated decision, the National Labor Relations Board (NLRB) handed down a ruling today that companies can be held responsible for violations of labor standards committed by their contractors. At issue, was...more

Internet of Things Framework introduced by the Online Trust Alliance for our connected world

On August 11, 2015, the Online Trust Alliance (OTA) released an Internet of Things (IoT) Trust Framework (“the Framework”), which presents guidelines for IoT manufacturers, developers, and retailers. The Framework was...more

Targeting Graphic Tees

Up here in the North, we are big fans of the store that has it all – Target. In fact most Minnesotans will often joke that we cannot step foot in a Target store without spending at least $100 and walking out with items we...more

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