The short form of the California Proposition 65 warning that appears on numerous consumer products may look different in the future. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed several...more
Although under federal law CBD products are allowed to contain up to 0.3 percent THC, or Δ9-Tetrahydrocannabinol, no safe harbor level of exposure to THC has been established under Prop. 65. That means private enforcers can...more
Acrylamide in food products has been one of the most significant drivers for recent Proposition 65 enforcement actions, frustrating many in the food industry, particularly because acrylamide is not added to those products....more
One day before allowing “low-risk” retailers to reopen on a limited basis, California Governor Gavin Newsom on Thursday announced guidelines for certain retailers, manufacturers and other businesses to reopen fully during...more
California Gov. Gavin Newsom announced on Monday that certain low-risk retail businesses will be allowed to reopen on a limited basis if they meet state guidelines and conditions to be announced on Thursday, including by...more
A New York federal court has granted motions to dismiss in four separate cases alleging that the failure to offer gift cards in Braille violates the ADA. The rulings by U.S. District Court Judge Gregory H. Woods (Southern...more
In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has temporarily relaxed some of its requirements concerning menu and nutrition labeling, and extended certain enforcement deadlines.
Menu...more
Several U.S. retailers that remained open in the face of state and local shutdown orders have now been forced to close by local law enforcement.
Retailers that remain open should ensure that they qualify as “essential”...more
Seven Bay Area counties renewed and modified their shelter-at-home orders, extending the shutdown period through May 3, and in all cases but one, requiring that all essential businesses that remain open establish and post...more
As an alternative to laying off employees, many retailers may be considering furloughs – unpaid leaves or drastic reductions in work hours or work schedules – that allow them to retain employees and possibly continue to...more
FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products -
On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more
3/31/2020
/ Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Health Claims ,
New Legislation ,
Proposition 65 ,
Slack-Fill Suits
California Governor Newsom has clarified that distribution centers in California can remain open under his Safer At Home order, stating that “[d]istribution centers are part of critical infrastructure for many industries,”...more
Following COVID-19 shelter-in-place orders by nearly a dozen different California counties, Governor Gavin Newsom on Thursday evening issued a statewide order directing all individuals in the state to stay home “except as...more
Retailers are being targeted by class action lawsuits alleging that automatic renewal of loyalty programs requiring an annual fee violates California law. In the past year and a half, more than 100 lawsuits have been filed...more
Retailers are being targeted by class action lawsuits alleging that automatic renewal of loyalty programs requiring an annual fee violates California law. In the past year and a half, more than 100 lawsuits have been filed...more
Although January 1, 2020 was the deadline for many companies to implement the new Nutrition Facts label, the FDA states on its Industry Resources on the Changes to the Nutrition Facts Label web page that it will not take any...more
The U.S. Department of Labor (“DOL”) has allocated $22 million to target the growing issue of abusive labor practices in the fashion industry, and specifically, to combat the use of child and forced labor in supply chains,...more
Retailer groups, including the National Retail Foundation, the U.S. Chamber of Commerce, and the Restaurant Law Center, are part of a coalition urging the Federal Communications Commission to clarify what constitutes an...more
2/18/2020
/ ATDS ,
Auto-Dialed Calls ,
Chamber of Commerce ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Public Comment ,
Restaurant Industry ,
Retailers ,
Rulemaking Process ,
Smartphones ,
TCPA
The Modern Slavery Act (“MSA”) was introduced in the United Kingdom in October 2015 introducing criminal offences of slavery, servitude, forced or compulsory labour and human trafficking. However, its most profound impact has...more
1/30/2020
/ Agricultural Sector ,
Annual Reports ,
Benchmarking ,
Corporate Governance ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Forced Labor ,
Human Trafficking ,
Jurisdiction ,
Low-Wage Workers ,
Manufacturers ,
Modern Slavery Act ,
Publicly-Traded Companies ,
Risk Management ,
Slavery ,
Supply Chain ,
Transparency ,
UK
January is National Slavery and Human Trafficking Prevention Month in the US (culminating in the annual observation of National Freedom Day on February 1, 2020) and this year is the 20th anniversary of the Trafficking Victims...more
On October 11, 2019, the Office of the California Attorney General proposed regulations to implement the CCPA. Far from clarifying or interpreting the Act, the Proposed Regulations largely added to the compliance...more
In addition to concerns surrounding the accessibility of a business’ website, retailers now have a new concern – the accessibility of their gift cards. Plaintiffs have recently filed a number of lawsuits alleging that the...more
Businesses should expect that lawsuits and demand letters alleging that their websites violate the Americans with Disabilities Act (“ADA”) will continue to increase in the wake of the United States Supreme Court’s October 7,...more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Dismissals ,
Dominos ,
Due Process ,
Mobile Apps ,
Permanent Injunctions ,
Petition for Writ of Certiorari ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Following statements by the U.S. Food and Drug Administration that cannabidoil (CBD) in food and beverage products remains illegal, and amid the patchwork of state laws and enforcement actions, a group of U.S. lawmakers, led...more
9/26/2019
/ Banking Sector ,
Cannabidiol (CBD) oil ,
Depository Institutions ,
Dietary Supplements ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Pending Legislation
New York furniture retailers and manufacturers have until October 12, 2019 to comply with a New York state law that requires that clothing storage units be labeled with a permanent tip hazard warning and sold with a tip...more