News & Analysis as of

Product Packaging Enforcement Actions

Morgan Lewis

New Jersey’s Attention Turns to PFAS in Consumer Products

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During his last few days in office, outgoing New Jersey Governor Phil Murphy signed S1042, the Protecting Against Forever Chemicals Act. The far-reaching bill prohibits intentionally added PFAS in a wide range of consumer...more

Stinson LLP

Enforcement of Oregon's EPR Law Enjoined by Federal District Court, Creating Additional Uncertainty for Producers

Stinson LLP on

The new world of Extended Producer Responsibility (EPR) state laws may be facing big changes in the coming months. On February 6, the federal judge in National Association of Wholesaler‑Distributors v. Feldon, issued an order...more

Environmental General Counsel PC

Program Enforcement Alert from CAA at ACI's EPR Think Tank

American Conference Institute (ACI)’s second extended producer responsibility (EPR) Think Tank in New York City is gaining traction as “the” leading conference for EPR packaging programs.  This year’s conference, held January...more

Gordon Rees Scully Mansukhani

Scope of Products Requiring Proposition 65 Warnings in California Poised to Grow

The scope of products to be drawn into the warning requirements under California’s Proposition 65 law may soon be growing. California’s Office of Environmental Health Hazard Assessment (OEHHA) requested information from the...more

Procopio, Cory, Hargreaves & Savitch LLP

Mislabel It, Pay for It: California’s Tough New Rules on Recycling Symbols

Businesses that sell consumer products in California should be aware of upcoming changes to recycling label restrictions. Recently enacted California law requires that all products and packaging manufactured after October 4,...more

DLA Piper

Responsible Green Marketing: Regulatory Shifts Reshaping Environmental Packaging Claims

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Introduction: A paradigm shift in environmental marketing - Greenwashing, the practice of overstating or misrepresenting environmental benefits, has been a key focus of corporate marketing scrutiny for several years....more

Beveridge & Diamond PC

Packaging EPR Updates: California Withdraws SB 54 Draft Regulations and Oregon Enforcement and Rulemaking Updates

Beveridge & Diamond PC on

What Happened? California - On January 9, 2026, California’s Department of Resources Recycling and Recovery (CalRecycle) withdrew its proposed regulations implementing the Plastic Pollution Prevention and Packaging...more

Cozen O'Connor

Texas AG Continues to Freshen Up Children’s Toothpaste Packaging

Cozen O'Connor on

Texas AG Ken Paxton announced a settlement with Procter & Gamble Manufacturing Company (“P&G”), the manufacturer of Crest toothpaste, resolving allegations that the company deceptively marketed children’s fluoride toothpaste....more

ArentFox Schiff

A Wrinkle in the Supply Chain: FDA’s First DSCSA 483 for a Dispenser

ArentFox Schiff on

The US Food and Drug Administration (FDA) issued an inspectional observation (Form FDA 483) to a Texas med spa, Pure Indulgence Aesthetics, citing Drug Supply Chain Security Act (DSCSA) violations for dispensers....more

Bergeson & Campbell, P.C.

OEHHA Issues Information Letters Providing Prop 65 Guidance

In December 2025, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing Proposition 65 (Prop 65), issued two “Information Letters” regarding Prop 65 compliance...more

Environmental General Counsel PC

Attorney General Signals It Will Enforce California's Restriction on Sale of EPS Food Service Ware

Effective last January 1, 2025, California’s extended producer responsibility (“EPR”) packaging and food service ware program, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (the “Act" or "SB 54"),...more

Morgan Lewis - Well Done

California Attorney General Issues Enforcement Advisory on Prohibited Foam Service Ware

Morgan Lewis - Well Done on

On December 2, 2025, the California attorney general issued a formal enforcement advisory letter to producers of food-service ware made from expanded polystyrene foam (EPS). The letter reminds producers that under California...more

Bradley Arant Boult Cummings LLP

How Hemp Retailers Can Comply with Alabama’s Consumable Hemp Law by January 1, 2026

The Traveling Wilburys – perhaps the musical supergroup most aligned with the mood and spirit of the Budding Trends blog – tell us that it’s all right to live the life you please. The state of Alabama, however, has determined...more

Robinson+Cole Data Privacy + Security Insider

‘Tis the Season for Safer Shopping: New Jersey’s Gift Card Fraud Notice and Packaging Requirements

Gift cards are a perennial favorite for holiday shoppers. They’re easy to wrap, universally appreciated, and always the right size. But as gift-giving season approaches, it’s important to remember that gift cards are also a...more

Cozen O'Connor

Republican AGs Trash Sustainability Groups’ Recycling Practices as Anticompetitive

Cozen O'Connor on

Florida AG James Uthmeier led a group of 5 Republican AGs in sending letters to major environmental organizations, alleging that they coordinated with large corporations to impose anticompetitive recycling and packaging...more

Foster Garvey PC

Canada Targets “Maple Washing” Amid Rising U.S.-Canada Trade Tensions

Foster Garvey PC on

As U.S. tariffs make Canadian consumers more inclined to purchase Canadian-produced goods, regulators have noted a rise in “maple washing” - the use of Canadian-themed branding (such as maple leaves, “packaged in Canada,”...more

Kelley Drye & Warren LLP

Philadelphia Fires a Major Legal Salvo Against Two Companies Over ​“Recyclable” Claims

The City of Philadelphia recently filed a lawsuit against S.C. Johnson & Son (the company that makes Ziploc plastic bags) and Bimbo Bakeries (a company that sells baked goods in plastic bags), accusing the companies of a...more

Cozen O'Connor

Planning for the Potential Impact of Extended Producer Responsibility Laws

Cozen O'Connor on

Extended Producer Responsibility (EPR) laws are now active in seven states: Maine, Oregon, California, Colorado, Minnesota, Maryland, and Washington with pending legislation in additional 11 jurisdictions. With the passage of...more

Cozen O'Connor

Texas AG and Colgate Reach Fresh Agreement on Toothpaste Marketing

Cozen O'Connor on

Texas AG Ken Paxton announced a settlement with Colgate-Palmolive Company (Colgate) to resolve concerns expressed by the AG about the company’s packaging and advertising of children’s fluoride toothpaste. ...more

Husch Blackwell LLP

FTC to Sellers: Time to Knock Off the “Made in the USA” Knock-Offs

Husch Blackwell LLP on

If you have shopped online lately, odds are you saw products proudly advertising themselves as “Made in the USA.” Maybe it was a flag, a pair of boots, or a kitchen gadget. But how often is that label actually true? According...more

DLA Piper

Food and Beverage News and Trends - March 2025

DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape.  FDA begins to rehire some employees, including some in the foods program. On...more

American Conference Institute (ACI)

[Event] 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products - March 27th - 28th, New York,...

Attend ACI’s 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products to stay ahead of the latest environmental and sustainability developments impacting cosmetics and personal care products...more

Barnea Jaffa Lande & Co.

Israel: Increased Enforcement of Packaging Law

Recently there has been a significant increase in administrative enforcement proceedings, warning letters and motions to certify class actions in relation to the Processing of Packaging Law. The law, enacted back in 2011,...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Searcy Plastic Package...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and The Bryce Company, LLC (“Bryce”) entered into an October 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

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