Extended producer responsibility (EPR) is an environmental policy enacted by several states,1 which extends a manufacturer’s responsibility for its product’s packaging materials to the end of the product’s life cycle....more
Recently, the Consumer Protection and Fair-Trade Authority issued a position paper regarding the disclosure obligations businesses must meet when making changes to product characteristics or components. According to the...more
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
The U.S. Food and Drug Administration (FDA) has issued a Safety Communication advising healthcare providers to stop implanting Equinoxe Shoulder System joint replacement devices manufactured by Exactech. The Safety...more
Companies who may qualify as “producers” under the EPR packaging programs adopted by California, Oregon, and Colorado should plan for sufficient lead time to evaluate their status as a producer before applicable requirements...more
On August 2, the U.S. Court of Appeals for the Eighth Circuit decided a case addressing Nebraska’s authority to require tribal cigarette manufacturers that are not parties to the Master Settlement Agreement (MSA) to comply...more
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
This post summarizes a newly published regulation (the “Amended Regulation”) amending the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in key areas such...more
What is Extended Producer Responsibility (EPR)? Extended Producer Responsibility (EPR) is an environmental policy enacted by several states, which extends a manufacturer’s responsibility for its product packaging...more
Minnesota just joined the roster of states with extended producer responsibility (“EPR”) packaging programs, and New York and Illinois are evaluating similar legislation. Meanwhile, states with more established programs are...more
The EU Packaging and Packaging Waste Regulation (PPWR) is about to come into force and will significantly change packaging laws across the EU. The aim of the legislation is to eliminate packaging waste by ensuring that all...more
The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the...more
What You Need To Know In A Minute Or Less - For both consumers and producers, the recent seismic shifts in packaging—from materials to circularity advertising—have been hard to miss. The past few years have introduced several...more
The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating...more
Food and beverage companies may be surprised to learn that the U.S. Food and Drug Administration (“FDA”) is not the exclusive regulatory authority over the safety of foods and beverages. Indeed, other governmental authorities...more
On March 31, Circular Action Alliance (“CAA”), the Producer Responsibility Organization (“PRO”) for California, Colorado, and the only contender for PRO in Oregon, submitted the first draft of its Program Plan (“the Plan”)...more
In 2023, the U.S. Food and Drug Administration (FDA) took several steps to implement the Modernization of Cosmetics Regulation Act (MoCRA), which was signed into law in December 2022. The law requires cosmetic manufacturers...more
Producers who may qualify for an exemption under California’s extended producer responsibility (“EPR”) packaging law (“SB 54” or the “Act”) should consider reviewing CalRecycle’s recently released Proposed Draft Regulation...more
Part 1. First Things First: What Are PFAS? PFAS, known by the moniker “forever chemicals,” are the focus of rapidly evolving regulatory regimes at the U.S. federal and state levels, which in turn are driving novel...more
The Food and Drug Administration (“FDA”) will begin enforcement of the Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) on July 1, 2024. MoCRA represents the biggest regulatory overhaul for the cosmetics industry...more
1. CONTENTIEUX - BISPHÉNOL A DANS LES CONTENANTS ALIMENTAIRES : PRÈS DE 20 MILLIONS D’EUROS DE SANCTIONS - Par une décision du 29 décembre 2023, l’Autorité de la concurrence (ci-après l’« Autorité ») a prononcé une...more
2024 is off to a busy start for folks following state laws related to per- and polyfluoroalkyl substances (PFAS) in products. Multiple states have passed legislation impacting product manufacturers and retailers. Maine and...more
The U.S. Food and Drug Administration (FDA) had a busy end of 2023 regarding cosmetics facility registration and product listing, which are now required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)....more
Within the last month, California has made significant strides toward its bid to create a circular economy for certain packaging and food service ware materials. On January 8, 2024, California's Department of Resources...more
PFAS (per- and poly- fluorinated alkyl substances) are everywhere, in our drinking water and all over the news. A serious concern for the health of humans and the environment, federal and state agencies are taking a proactive...more