Competitive markets and squeezed margins are forcing retailers to be more innovative in their advertising efforts. More frequently, we are seeing advertisements for "free trial" periods for goods and services, often leading...more
1/24/2018
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Canada ,
Caudalie ,
Coty ,
European Commission ,
Retailers ,
Sales & Distribution Agreements ,
Sexual Stereotyping ,
Subscription Services ,
Transgender ,
UK ,
Website Accessibility
2017 was a busy year for retailers and businesses with an online presence, as they faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more
1/8/2018
/ Americans with Disabilities Act (ADA) ,
Blue Apron ,
Corporate Counsel ,
CVS ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Hobby Lobby ,
Internet Retailers ,
NPRM ,
Retailers ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Winn-Dixie Stores
The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more
From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more
11/30/2017
/ Advertising ,
Breach of Contract ,
Cosmetics ,
Diversity ,
EU ,
Fashion Industry ,
France ,
Franchise Agreements ,
Human Trafficking ,
Managers ,
Minors ,
Modern Slavery Act ,
Photographs ,
Retailers ,
UK ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
The next wave of lawsuits involving California Proposition 65 and food products may allege exposure to furfuryl alcohol, a chemical commonly found in a wide variety of thermally processed foods and listed as a carcinogen...more
Oregon has become the first state to enact a predictable scheduling law, S.B. 828, regulating employer scheduling practices in the food service, hospitality, and retail industries. The new law will take effect on July 1,...more
On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...more
8/1/2017
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Anti-Competitive ,
Counterfeiting ,
Cybersecurity ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
EU ,
EU Single Market ,
Logos ,
Retailers ,
Title III ,
Trademark Infringement ,
Trademarks ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
Wage and Hour ,
Website Accessibility ,
Work Schedules
Retailers and other businesses that have been waiting for the Department of Justice (“DOJ”) to promulgate regulations concerning website accessibility under Title III of the Americans with Disabilities Act (the “ADA”) will...more
Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more
Retailers with both physical locations and a website should take note that a United States District Court has held that Winn-Dixie violated Title III of the Americans with Disabilities Act (“ADA”) because its website was...more
Businesses with an online presence should take note that a United States District Court has held that Winn-Dixie violated Title III of the Americans with Disabilities Act (“ADA”) because its website was inaccessible to the...more
Requirements take effect today under the FDA’s new Food Safety Verification Program (FSVP), which makes retailers and other businesses that import food into the United States responsible for verifying that the food has been...more
The latest delay by the Food and Drug Administration (FDA) in implementing new calorie labeling rules gives restaurants and food retailers a little breathing room. Originally set for May 5, the agency pushed back the deadline...more
Companies that do business in California should be familiar with Proposition 65, which prohibits knowingly and intentionally exposing consumers to a chemical known to the state to cause cancer or reproductive harm without...more
Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more
Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more
As retailers see an increasing number of customers seeking to bring animals into their stores, they should ensure that they have well-defined policies and train their employees concerning compliance with the ADA’s provisions...more
Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its...more
Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more
In order to help retailers improve access to all customers and reduce potential liability, this is the first in a three-part series offering tips for compliance with the Americans With Disabilities Act (ADA). This week we...more
Californians narrowly validated the statewide plastic bag ban previously passed by the state Legislature, while rejecting a proposition that would have required retailers to remit money charged for single-use carry-out bags...more
The Prop. 65 Clearinghouse held its annual conference in San Francisco recently, and the speakers and panelists had a number of recommendations for both retailers and manufacturers following the adoption of Proposition 65’s...more
UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote.
This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and...more
9/19/2016
/ Corporate Counsel ,
Counterfeiting ,
Digital Single Market ,
EU ,
Facebook ,
Internet Service Providers (ISPs) ,
Labor Code ,
OEHHA ,
Proposition 65 ,
Retailers ,
UK Brexit ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) has adopted new Proposition 65 warning regulations. The new regulations will take effect in two years, on August 30, 2018. In the interim, businesses may...more
A recent federal court ruling allows a class action lawsuit to proceed against luxury fashion retailer Jimmy Choo for violating the Fair and Accurate Credit Transactions Act of 2003 (FACTA). This ruling, which will likely be...more