Back in 2023, the U.S. Environmental Protection Agency (EPA) issued a sweeping information-gathering rule under the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) to report on per- and...more
PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...more
8/1/2024
/ Beverage Manufacturers ,
Class Action ,
Dietary Supplements ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
In response to numerous public comments, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced on June 13, 2024, modifications to the proposed amendments to the regulations governing so-called...more
Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data,...more
PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
1/23/2024
/ Beverage Manufacturers ,
Class Action ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Menu-Labeling ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Nutritional Supplements ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
National Association of Wheat Growers, et al. v. Rob Bonta, -
No. 20-16758 (9th Cir.—November 7, 2023): The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in the plaintiffs’ favor. The panel held...more
This report is a bite-sized version of our annual year in review, providing timely insights on quarterly trends. In Q3 2023, the Consumer consumer Packaged packaged Goods goods (CPG) industry continued to face a meaningful...more
11/8/2023
/ Beverage Manufacturers ,
Class Action ,
Consumer Product Companies ,
Cosmetics ,
Dietary Supplements ,
Food Manufacturers ,
Litigation Strategies ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
Perkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report. This report is a bite-sized version of our annual year in review, providing timely insights on...more
Titanium dioxide (TiO2) is a naturally occurring white powder used to boost colors in a wide range of food and non-food consumer products, making colors look brighter and more defined. It can also be used as a white pigment,...more
A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose them to marijuana smoke that could cause...more
As the cannabis industry and its associated sectors have gained increasing social and legal acceptance, these businesses have started to face an issue that has been plaguing traditional Consumer Packaged Goods companies in...more
As the legal cannabis market continues to expand, and potential federal legalization and inevitable interstate commerce loom on the horizon, it is imperative that federal agencies address the discrepancies among state testing...more
7/11/2022
/ Cannabis Products ,
Clinical Laboratory Testing ,
Decriminalization of Marijuana ,
Legalization ,
Legislative Agendas ,
Marijuana ,
NCLC ,
Regulatory Agenda ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures
Per- and polyfluoroalkyl substances (PFAS) are a group of over 4,000 synthetic chemicals that have been used in industry and consumer products since the 1940s. These substances are identified by their chains of...more
On December 13, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a notice of modified text to its proposed short-form Proposition 65 warning regulations.
As Perkins Coie previously...more
On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more
3/25/2021
/ Cancer ,
Cannabis Products ,
Comment Period ,
Disclosure Requirements ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
Safe Drinking Water Act ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more
1/14/2021
/ Consumer Product Companies ,
Distributors ,
Manufacturers ,
Notice and Comment ,
Notice Requirements ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with...more
California’s Attorney General (AG) releases annual summaries of Proposition 65 settlements. This settlement data provides important insight into Proposition 65 litigation trends. Here are some of the most important takeaways...more
Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more
On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings.
Better known as Proposition 65, the California’s...more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) added ?9-tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. Proposition 65,...more
2/15/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Disclosure Requirements ,
Manufacturers ,
Marijuana ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Drinking Water Act ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more
On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to...more