News & Analysis as of

Manufacturers

Regulations on block exemptions in vertical concerted actions come into force

by DLA Piper on

On 5 December 2017, a new regulation by the Antimonopoly Committee of Ukraine (hereinafter – the “AMCU”) on typical requirements for vertical concerted actions of undertakings has entered into force (hereinafter – the...more

OSHA: Disclosure of Workplace Injuries and Illnesses Due Next Week

As we outlined last year, OSHA recently revised its recording and reporting regulation to require certain employers to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s website. The deadline for...more

Antitrust, distribuzione selettiva e piattaforme online: finalmente i chiarimenti della Corte di Giustizia

by Allen & Overy LLP on

Consultazione - È possibile nell’ambito di un sistema di distribuzione selettiva vietare ai rivenditori autorizzati l’utilizzo delle piattaforme online? A questa domanda nel recente passato hanno risposto in modo...more

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

Local Government Contracts and Buying American

by Bilzin Sumberg on

In April 2018, President Trump issued an Executive Order calling for stricter enforcement of the federal government’s “Buy American” laws. These laws have been on the books for several decades and generally require that the...more

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured...more

Guest post – Observations on FDA 3D Printing Guidance

by Reed Smith on

A lot has happened over the past 19 months, some good, some bad, and some just unbelievable. To name a few, and without sounding like a remake of We Didn’t’ Start the Fire, a total solar eclipse, a new human organ was...more

Rising Environmental Enforcement in the Food and Drug Sector: How to Stem the Tide for Your Facility

by Kelley Drye & Warren LLP on

Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions have highlighted the extent to which these facilities are subject to a host...more

FDA Guidance Offers Initial Thoughts on Technical Considerations Specific to Medical Devices Using 3D Printing

by Reed Smith on

The U.S. Food and Drug Administration (FDA) announced the availability of its guidance entitled “Technical Considerations for Additive Manufactured Medical Devices; Guidance for Industry and Food and Drug Administration...more

Public Hearing Set for Amended Overtime Statutes

Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more

Toxic Chemicals in Consumer Products: Clean Water Action Retailer Report (Including Walmart)

The organization Clean Water Action announced the release of its second annual “report card” on toxic chemicals in consumer products titled: Who’s Minding the Store? – A Report Card on Retailer Actions to Eliminate Toxic...more

CBP Takes Measures to Enforce Ban on Imports Made With Forced Labor and Sanctions for Forced North Korean Labor in Supply Chains

On November 22, 2017, Apple, Inc. (“Apple”) released a statement confirming reports that its major supplier in China, Foxconn Technology Group (“Foxconn”) has used illegal student labor to assemble the latest version of the...more

SUV Sales Again Carrying the Auto Industry

by Foley & Lardner LLP on

If it seems like déjà vu, it’s not just you: SUVs are again leading the charge on new vehicle sales. Buoyed by low gas prices and growing millennial families, SUV sales have increased by 6 percent from 2016 to 2017 (through...more

The Dawn of Self-Driving Rideshares Has Already Arrived

by Foley & Lardner LLP on

Over the past few weeks Uber, Waymo, and General Motors have solidified their commitments to the next-generation of transit, one that involves their autonomous vehicles and services moving people around the city with near...more

OIG Rescinds Advisory Opinion

by Holland & Knight LLP on

The Department of Health and Human Services Office of Inspector General (the OIG), on November 28, 2017, issued a Rescission Letter terminating Advisory Opinion Number 06-04 (Advisory Opinion 06-04). In Advisory Opinion...more

Eleventh Circuit Affirms Preemption of HRT Complaint

by Reed Smith on

Today, December 1, 2017, is the birthday of Gilbert O’Sullivan, who scored a hit back in 1972 with “Alone Again, Naturally,” the saddest song we can think of this side of Albinoni’s Adagio. That is fitting, given our...more

California Lead Paint Decision Opens Door for Expanded Public Nuisance Suits

by Beveridge & Diamond PC on

A California appeals court has breathed new life into the public nuisance doctrine, largely affirming a more than $1 billion trial court judgment against certain manufacturers of lead paint on the grounds that they knowingly...more

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

States Continue to Enact Chemical Legislation in 2017

by Beveridge & Diamond PC on

State legislatures have been relatively active on chemical and material regulations in 2017. As previously reported here, at least 51 bills to regulate chemicals were introduced across the country’s state houses in 2017. ...more

NanoReg2 Begins Survey Concerning Knowledge of Risks from Nanomaterials and Concept of Safe-by-Design

by Bergeson & Campbell, P.C. on

On behalf of its project partner, the Institute of Occupational Medicine, NanoReg2 seeks information from organizations that manufacture, make, use, distribute, or dispose of nanomaterials. NanoReg2 states that, as part of...more

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Wells Fargo is again in federal regulators’ crosshairs. The OCC has dubbed the bank a repeat offender and is weighing a “formal enforcement action” over “improprieties in its auto-insurance and mortgage operations”....more

Competing Cosmetic Safety Bills Would Each Expand FDA Regulatory Authority

by Beveridge & Diamond PC on

On October 25, 2017, Senator Orin Hatch (R-UT) introduced S. 2003, the “FDA Cosmetic Safety and Modernization Act.” The proposed legislation would amend the Federal Food, Drug and Cosmetic Act of 1938 (“FFDCA”) and allow the...more

Regulation of Cosmetics: Is Increased FDA Oversight on the Horizon?

by Pepper Hamilton LLP on

The cosmetics industry is booming. In 2016, sales of beauty products climbed to more than $400 billion, and that number likely will keep growing. Consumers assume that these products are safe and effective. But a recent study...more

New York Paid Family Leave Obligations for Manufacturers

Effective January 1, 2018, employees of manufacturers working in New York State may be eligible for paid family leave. The NY Paid Family Leave Law (“PFLL”) is both broader than and more narrow than the federal Family and...more

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