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Keller and Heckman LLP

August 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Farella Braun + Martel LLP

Recent Increase in Prop 65 60-Day Notices Targeting Diethanolamine in Cosmetics

There has been a recent increase in the number of Prop 65 60-Day Notices targeting diethanolamine in cosmetics.  Diethanolamine is generally used in cosmetics as an emulsifier and to adjust pH, and it was listed under Prop 65...more

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

Sheppard Mullin Richter & Hampton LLP

Dos and Don’ts for Advertising, Packaging and Labeling of Cannabis Products in Illinois

Under Illinois law, there are various statutes and regulations that set forth requirements and prohibitions for advertising, promotion, packaging, and labeling of cannabis and cannabis-infused products. These rules are...more

Alston & Bird

FDA Seeks to Reform Approach to Regulation of Ingredients Used in Animal Food

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With the memorandum of understanding between the Food and Drug Administration (FDA) and the Association of Animal Feed Control Officials (AAFCO) set to expire, the FDA is proposing an alternative path to market for the...more

K&L Gates LLP

Brussels Regulatory Brief: Summer 2024

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Antitrust and Competition - The European Commission Opens an Investigation into Alleged Market Allocation and No-Poach Agreements in the Online Food Delivery Sector - On 23 July 2024, the Commission opened an antitrust...more

Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

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In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Vicente LLP

The Birth of a Regulated Psychedelics Program in Colorado

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As of August 9, 2024, Colorado regulators have completed the first round of rulemaking for the state’s regulated Natural Medicine program, laying the foundation for the program’s launch on January 1, 2025. While some rules...more

Manatt, Phelps & Phillips, LLP

Remember My Origin: Federal Circuit Establishes Standard for Certification Mark Fame

Trademarks are used to identify and distinguish an individual’s or entity’s goods or services from those manufactured or sold by others and to indicate the source of such goods or services. In contrast, and with respect to...more

DLA Piper

Microplastics Allegations “Don’t Hold Water”: Illinois District Court Tosses Claims Against Bluetriton Brands

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A recent opinion from the Northern District of Illinois may dampen the prospects of plaintiffs seeking to challenge the labeling of bottled water and other beverages based on the alleged presence of microplastics....more

Keller and Heckman LLP

July 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

K&L Gates LLP

Litigation Minute: Microplastics—Everything, Everywhere, All at Once? (ESG Litigation Series: Part Two)

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What You Need To Know In A Minute Or Less - Microplastics, as a seemingly ubiquitous contaminant, have increasingly become the subject of online exposés and class action challenges. The Environmental Protection Agency (EPA)...more

Bergeson & Campbell, P.C.

EPA Announces Strengthening the Safer Choice and Design for the Environment Standard for Commercial and Household Cleaning...

On August 8, 2024, the U.S. Environmental Protection Agency announced that it made updates to strengthen the Safer Choice and Design for the Environment (DfE) Standard, which identifies the requirements that products and...more

Morrison & Foerster LLP

The Future of CPSC’s Budget

The House Subcommittee on Innovation, Data, and Commerce (the “Subcommittee”) recently held a hearing on the Consumer Product Safety Commission’s (CPSC) budget, which was cut by $1.525 million from Fiscal Year (FY) 2023 to...more

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more

Perkins Coie

Notable Ruling Roundup - August 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Montiquento Corbett, et al. v. Pharmacare U.S., Inc., No. 3:21-cv-00137-JES-AHG (E.D. Cal. –...more

Bennett Jones LLP

Long Overdue Updates to Canada's Feed Regulations Now in Effect

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Canada's modernized Feeds Regulations, 2024 aim to enhance safety standards for food and animal feed while supporting Canadian producers. The regulations were published in the Canada Gazette Part II on July 3, 2024, and...more

Integral Consulting Inc.

Can This Product Hurt Me? Assessing Health Risk in Certain Personal Care Products

Personal care products include a wide range of items such as cosmetics, skin care products, hair care products, deodorants, and more. Two of the largest segments of these products are shampoo and hair dye. In 2022, there were...more

K&L Gates LLP

Lawn and Order: Major Steps Against Greenwashing in Europe

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A new and powerful wave of “greenwashing” bans will sweep the European Union (EU) shortly. The EU’s Green Claims Directive and Greenwashing Directive (together, the Green Directives) are key legislative tools being introduced...more

Perkins Coie

FDA and FTC Issue Joint Warning Letters for Copycat Delta-8 THC Food Products

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The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more

Dunlap Bennett & Ludwig PLLC

No Wine Before Its Time: The Laws Of Wine In The United States And Abroad

There is nothing like sitting in front of a charcuterie plate laden with prosciutto and at least a triple crème, honey chevre (goat cheese), and maybe a huntsman cheese while sipping on a slightly chilled, smooth white...more

Kilpatrick

Ninth Circuit affirms dismissal of false advertising claim against Mars subsidiary based on reasonable consumer test

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The Ninth Circuit recently upheld the dismissal of a putative class action finding that labeling Dove Dark Chocolate products as deriving from a “Rainforest Alliance Certified™ farm” did not mislead reasonable chocolate...more

Cozen O'Connor

Nebraska AG Settles Delta-8 Lawsuits Against Four Retailers

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Nebraska AG Mike Hilgers has announced four additional settlements in a series of lawsuits filed against retailers for allegedly selling mislabeled and harmful products containing synthetic THC in violation of Nebraska’s...more

Foley & Lardner LLP

“Science-Washing” in the Beauty Industry: Marketing Do’s & Don’ts

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“Science-washing,” or inaccurately using scientific terms in product marketing to encourage consumption, has become not only a consumer protection issue, but a threat to the reputation and long-term success of brands....more

Dorsey & Whitney LLP

Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda

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The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....more

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