PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted legislation concerning...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more
As a result of changes to the Proposition 65 warning requirements that went into effect in 2018 many businesses have chosen to use the “short-form” warning which does not require the identification of a specific chemical....more
Thousands of companies that do business in California will soon face new climate reporting mandates following Governor Gavin Newsom’s approval of SB 253 (the “Climate Corporate Data Accountability Act”) and SB 261 (the...more
The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....more
10/11/2023
/ Chemicals ,
Compliance Dates ,
Distributors ,
District Attorneys ,
Enforcement Authority ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Governor Newsom ,
Manufacturers ,
New Legislation ,
Retailers ,
Sellers ,
State Attorneys General ,
Toxic Chemicals
The U.S. Consumer Product Safety Commission (CPSC) has published a final rule adopting a mandatory safety standard for consumer products that utilize button cell or coin batteries. CPSC enacted the rule as required by...more
Last week the California legislature passed two bills regulating PFAS in certain products:
..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and
..AB 1423 which restricts the...more
PFAS in Children’s Products has become a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted regulations...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938.
As we...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is significantly changing regulation of the cosmetics industry in the U.S. For the first time, cosmetics manufacturers and brand owners will need to register...more
The U.S. Food and Drug Administration has issued a draft guidance to assist companies submitting cosmetic product facility registrations and cosmetic product listings to the FDA in compliance with the Modernization of...more
The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more
Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more
Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more
The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more
8/9/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Disability ,
Disability Discrimination ,
Disparate Impact ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Retailers ,
Title III ,
Unruh Civil Rights Act ,
Website Accessibility
Federal Made in U.S.A. Rule -
In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more
5/9/2022
/ Advertising ,
Beverage Manufacturers ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Livestock Protocol ,
Made in the USA ,
Manufacturers ,
Metals ,
New Rules ,
Product Labels ,
Proposition 65 ,
Recycling ,
Regulatory Oversight ,
Slack-Fill Suits
The Ninth Circuit has upheld a preliminary injunction stopping the filing or prosecution of new Prop. 65 lawsuits concerning acrylamide pending the outcome of a lawsuit by the California Chamber of Commerce challenging the...more
Businesses continue to feel the pain from the deluge of website accessibility complaints filed by vision-impaired individuals and organizations representing the vision-impaired. Much of the problem is due to the lack clear...more
On March 7, 2022, the U.S. Food and Drug Administration (“FDA”) announced its “low-risk determination” to clear the marketing of food products derived from beef cattle that have been genetically altered to be more tolerant of...more
A California law taking effect January 1, 2022 requires that plastic beverage containers subject to the California Refund Value (CRV) must include at least 15 percent recycled content. The amount of recycled content increases...more
California signed into law last week a number of measures intended to address environmental concerns in consumer products and packaging, including a ban on use of the chasing arrows recycling symbol unless the product or...more
A California federal district court has held that the website of Domino’s Pizza violates the ADA, following a long saga that included the Ninth Circuit’s reversal of the district court’s prior dismissal of the case. ...more
7/1/2021
/ Administrative Monetary Penalties ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Due Process ,
Mobile Apps ,
Motion for Summary Judgment ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more
A California district court has granted the California Chamber of Commerce’s preliminary injunction motion and prohibited the filing of new Proposition 65 lawsuits alleging exposure to acrylamide in food, pending the outcome...more
FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled -
On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more
2/16/2021
/ Cannabidiol (CBD) oil ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
FSMA ,
New Legislation ,
New Regulations ,
Product Packaging ,
Proposition 65