The U.S. Federal Trade Commission has announced that it sent warning letters to three companies that sell “oils, tinctures, capsules, ‘gummies,’ and creams containing cannabidiol (CBD),” a chemical compound derived from the...more
In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more
9/10/2019
/ Americans with Disabilities Act (ADA) ,
Brick-and-Mortar Stores ,
E-Commerce ,
Popular ,
Public Accommodation ,
Split of Authority ,
Summary Judgment ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
In Brintley v. Aeroquip Credit Union et al., Case Nos. 18-2326/2328 (August 8, 2019), the Sixth Circuit Court of Appeals issued an order dismissing an Americans with Disabilities Act (“ADA”) claim alleging that the defendant...more
Members of Congress are once again asking the U.S. Department of Justice (“DOJ”) to take action addressing website accessibility under the Americans with Disabilities Act (“ADA”) in light of the increasing number of lawsuits...more
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has finalized a highly anticipated Proposition 65 regulation relating to coffee. The regulation, California Code of Regulations Section 25704, takes...more
6/27/2019
/ Appeals ,
Cancer ,
Chemicals ,
Legal History ,
Manufacturers ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
Retailers ,
Starbucks ,
Stays ,
Warning Labels
Domino’s Pizza LLC has submitted a petition asking the U.S. Supreme Court to review and reverse a decision from the Ninth Circuit Court of Appeals that allowed a website accessibility case to proceed against Domino’s. The...more
6/18/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dominos ,
Due Process ,
Jurisdiction ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Restaurant Industry ,
Reversal ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
6/10/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Doing Business ,
Kroger ,
Mootness ,
Motion to Dismiss ,
Personal Jurisdiction ,
Public Accommodation ,
Remediation ,
State Law Claims ,
Subject Matter Jurisdiction ,
Website Accessibility ,
Website Owner Liability ,
Websites
A number of retailers and manufacturers have recently received notices from the U.S. Consumer Product Safety Commission concerning a possible data breach. The CPSC’s letter advises recipients of an unauthorized release of...more
On December 21, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) signed into law by...more
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA.
Martinez v. San Diego...more
12/31/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Credit Unions ,
Department of Justice (DOJ) ,
Dismissals ,
eBay ,
eBay Test ,
Public Accommodation ,
Sua Sponte ,
Title III ,
Website Accessibility
On November 5, the FDA released non-binding guidance intended to answer questions related to Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May...more
California Governor Brown recently signed into law SB 1121, which amends the California Consumer Privacy Act of 2018 to provide much-needed relief to retailers and other businesses that collect consumer information. The...more
Seattle’s ban on plastic straws and utensils took effect on July 1, after the expiration of an exemption in a 2008 law requiring one-time-use food-service items to be compostable or recyclable. The ban applies to food service...more
Defendants in the Proposition 65 case against Starbucks and numerous other coffee manufacturers and retailers have indicated that they intend to file a motion to stay that action following a proposal by the California agency...more
The Eleventh Circuit Court of Appeals has held that a prior settlement agreement, pursuant to which a defendant has agreed to improve website accessibility, does not necessarily render moot a new website accessibility...more
Retailers and manufacturers should take steps now to ensure they are compliant with the new California Proposition 65 warning regulations that take effect on August 30, 2018.
Proposition 65 prohibits retailers and...more
An update has been published to the Web Content Accessibility Guidelines (WCAG) 2.0, the standards that have been applied by many courts in the absence of website accessibility regulations by the Department of Justice.
The...more
The FDA has extended the date for compliance with the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a general...more
The FTC has sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems warning against warranty tie-in provisions that state consumers must use specified parts or...more
The Eleventh Circuit Court of Appeals is set to hear oral arguments on April 4 concerning whether a website accessibility plan pursuant to a prior settlement agreement moots injunctive relief claims under Title III of the...more
Washington has signed into law the Healthy Food Packaging Act (H.B. 2658/S.B. 6396), making the state the first in the country to ban perfluorinated chemicals (PFAs) in food packaging.
If the Washington’s Department of...more
As part of its Green Chemistry Initiative and the Safer Consumer Products (SCP) implementing regulations, California’s Department of Toxic Substances Control (DTSC) has released its Draft Three Year Priority Product Work Plan...more
California Proposition 65 litigation over acrylamide in food has been heating up lately, receiving national news coverage in anticipation of a ruling in a fiercely contested case involving exposure to acrylamide in...more
3/15/2018
/ Beverage Manufacturers ,
Cancer ,
Fast-Food Industry ,
First Amendment ,
Food Manufacturers ,
Monsanto ,
OEHHA ,
Proposition 65 ,
Starbucks ,
Toxic Chemicals ,
Warning Labels
Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more