Retailers Manufacturers

News & Analysis as of

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

On August 12, 2016, the Seventh Circuit reversed the district court decision allowing Woodman’s Food Market, Inc.’s (Woodman’s) price discrimination lawsuit against The Clorox Company and The Clorox Sales Company (Clorox) to...more

FAA Regulations Clear Way for Delivery Drones

The Federal Aviation Administration (FAA) has finalized its regulations concerning operational drones, allowing retailers to start using drone delivery systems. In making drones available for retail delivery use, the...more

EPA Issues Final Rule on Formaldehyde Emission Standards for Composite Wood Products

On Wednesday, July 27, 2016, the Environmental Protection Agency (“EPA”) released a prepublication version of its final rule on Formaldehyde Emission Standards for Composite Wood Products. The authority for the rule comes...more

Liquor Control Board Weighs in on Alcohol Law Changes in Pennsylvania

Of particular interest to Pennsylvania residents and those doing business in the Commonwealth is the focus on expanding the location and availability of alcohol beyond traditional licensees. A month after Act 39 of 2016...more

California Adds Group of Herbicides to Proposition 65 List

Following a failed legal challenge by Syngenta Crop Protection, California’s Office of Environmental Health Hazard (OEHHA) has announced that it has added a group of broadleaf herbicides to the list of chemicals under...more

Pennsylvania Revisits its Age-Old Liquor Laws

On June 8, 2016, Pennsylvania Gov. Tom Wolf signed a bill into law that will broaden the liquor laws in the state. Scheduled to go into effect in early August 2016, the bill contains something for a broad range of...more

Less Whine, More Wine: HB 1690 Loosens Restrictions on Direct to Consumer Shipping for Wineries

On June 13, 2016, Governor Wolf signed into law House Bill 1690, which is considered one of the more significant liquor reform bills in Pennsylvania since Prohibition. Today’s blog is a continuation of our series that...more

New Pennsylvania HB 1690: The Cidery Dilemma

As promised, I will continue to outline nuances of the new changes to the Pennsylvania Liquor Code and choices that consumers, manufacturers, wholesalers and retailers can make. HB 1690 will become effective in early August...more

BPA in Plastics Requires a Prop 65 Warning — For Food Containers, California Imposes a Generic Point-of-Sale Warning

Last year the State of California added Bisphenol A (BPA) to its list of chemicals known to cause cancer or reproductive harm under Prop 65 [the Safe Drinking Water and Toxic Enforcement Act of 1986], a law which requires...more

FDA Extends Regulatory Authority Over All Tobacco Products, Including E-Cigarettes, Cigars and Hookahs

The U.S. Food and Drug Administration (“FDA”) today issued historic final rules that extend the statutory definition of "tobacco products" to e-cigarettes, pipe tobacco, dissolvables, cigars, and “novel and future products.”...more

Major New Wave of California Proposition 65 Lawsuits About to B(PA)reak

May 11, 2016. A day that may live in California Proposition 65 infamy. The date marks the one –year anniversary of the listing of Bisphenol A (BPA) as a reproductive toxicant under Proposition 65, and the expiration of the...more

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

Legal Trends: Restructuring & Insolvency

Amid the protracted drop in oil prices and the decline of the Canadian dollar relative to the U.S. dollar, capitalizing on distressed opportunities in the oil and gas sector in a low-risk jurisdiction, such as Canada, has...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

The November Surprise: OSHA Raises Penalties 82% And No One Notices

Employers woke up to a surprise on November 3. That’s when we learned that the Federal Budget Agreement, which was quickly worked out behind closed doors and signed the day before, includes surprise provisions authorizing the...more

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