News & Analysis as of

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

Status Updates - July 2014 #14

..Going mainstream. For the first time, both Twitter and Facebook are seeing significant growth in online advertising placed by major companies for brands such as Heineken, Tide, McDonald’s, and Charmin. Major consumer...more

The Inversion Craze: Will Today's Routine Tax Planning Be Retroactively Outlawed?

Alongside the more typical summer fare, such as coverage of the best beach reading and the latest action movie blockbuster, this summer the media have been abuzz with seemingly daily reports on the latest so-called...more

Understanding Triple Net Leases

There is a thriving niche in commercial real estate for what are commonly called “triple net leased properties.” These transactions most commonly involve fast food restaurants, convenience stores or some other franchise-type...more

New Updated FTC Care Labeling Rules: “Do’s and Don’ts”

The Federal Trade Commission (“FTC”) enforces federal labeling requirements that require manufacturers, importers, sellers and distributors of certain textile and wool clothing to accurately label their products. For example,...more

Jumping on the "Made in the U.S.A." Bandwagon

Retailers are increasingly praising the importance of placing the “Made in the USA” phrase on their product packaging and labels. Customers, not only in the U.S. but worldwide, are now demanding “Made in America” merchandise....more

2014 Oklahoma Products Liability Reform Protects Sellers Significantly. Manufacturers Receive Less Relief.

The Oklahoma legislature passed the products liability reform bill, HB 3365, by supermajorities in both chambers: 69-19 in the House and 34-8 in the Senate. Governor Fallin signed the bill into law May 2, 2014. ...more

Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products

Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...more

Personalized Products Companies and the Consumer Product Safety Act

We have previously blogged about the sometimes difficult decision that companies face when classifying their products as “children’s” or “general-use” products and the uncertainty of predicting whether the Consumer Product...more

California’s New Green Chemistry Regulations Taking Effect

New California regulations awaiting final approval may soon require businesses to study alternatives to certain chemicals used in their products, and in some cases, redesign products or pull them from the market. ...more

Statutory Claims Against Manufacturers

When a dissatisfied consumer sues a manufacturer in Ontario, the unhappy consumer will frequently rely upon the Sale of Goods Act and the Consumer Protection Act, 2002. However, neither statute applies if the consumer did...more

Foreign direct investment norms in India further relaxed

In a significant development, the Government of India, announced measures to encourage investment by liberalising foreign direct investment norms. Foreign direct investment limits have been raised across several key sectors...more

California Transparency in Supply Chains Act

As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains. ...more

Manufacturers and Retailers Doing Business in California Are Required to Take Action to Prevent Slavery and Human Trafficking

Lawmakers are looking to businesses to help curb the growing problem of human trafficking. The first in a series of a new wave of legislation has taken effect. Manufacturers, retailers and others in the supply chain are...more

Who’s Responsible for the Misfit Toys? Strategies for Allocating Risk in a Global Economy

In the famous Rankin/Bass holiday special, Rudolph the Red-Nosed Reindeer runs away from home and, during his ensuing adventures, visits the Island of Misfit Toys. The island is filled with poorly designed and unwanted toys...more

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