2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....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
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a July 16th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) applicable to: …the size of a...more
In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more
The US Food and Drug Administration’s (FDA) formal regulation of food packaging began in 1958 with the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act. Since that time, the FDA has employed various...more
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
The extended producer responsibility (“EPR”) programs for packaging that are currently unfolding in several states impose two primary obligations on producers of covered materials—reporting data and paying fees to a producer...more
On August 28, 2024, USDA’s Food Safety and Inspection Service (FSIS) released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims for meat and poultry product labeling. Animal-raising...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
In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more
Brazil has recently seen significant updates to solid waste management regulations at the national level. These include new regulations which address: the qualification criteria of managing entities; the qualification...more
As environmental consciousness grows, so too do regulations aimed at promoting a more circular economy. Within the last few years, the United States has seen a significant increase in extended producer responsibility (EPR)...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
We are hot off of the green grass and preppiness that is Wimbledon. We are all burning for Paris right now with the Olympics. And who doesn’t dream of August in Croatia or Greece? European Vacation – yes, please....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
PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT. This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...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
To help businesses, investors, and deal professionals better understand the evolving M&A market, Robert Connolly – a partner in and leader of LP’s Corporate Practice Group – shares a series of conversations with M&A experts. ...more
The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more
Key Takeaways - What Happened? On May 21, 2024, Minnesota Governor Tim Walz signed the Packaging Waste and Cost Reduction Act (the Act). Minnesota is the fifth state to enact laws implementing packaging EPR rules,...more
As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...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
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more