News & Analysis as of

Retail Market

Jones Day

California Textile EPR—Next Steps for Brands and Retailers Before July 1

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On February 27, 2026, CalRecycle announced that it selected Landbell USA—one of three applicants—as the producer responsibility organization (PRO) for California’s textile extended producer responsibility (EPR) law, the...more

Seyfarth Shaw LLP

The Week in Weed: March 2026

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Louisiana explores a pilot program for adult-use cannabis. Kansas lawmakers introduce bills to legalize...more

Blank Rome LLP

Frozen Blueberry Recall Underscores FDA Compliance Obligations for Produce Growers and Food Manufacturers

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Last week, the U.S. Food and Drug Administration (“FDA”) classified a large-scale recall of more than 55,000 pounds of frozen blueberries that may have been contaminated with listeria monocytogenes as a Class 1 recall, its...more

The Food Lawyers ®

Prop 65 Food & Beverage 101: Defensive Strategies, Fictions And Facts

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In most litigation, you face a known adversary on a defined battlefield and when it’s over, it’s over (e.g., a boundary dispute with an adjoining landowner). Prop 65, is entirely different: the food/beverage/supplement...more

Seyfarth Shaw LLP

The Week in Weed: February 2026 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, two cannabis stories have grabbed our attention. First, we have an update on all things Florida. Secondly,...more

The Food Lawyers ®

Implied Federal Preemption and Food Labeling in the Ninth Circuit: Davidson, Bubak, and the End of NLEA Enforcement Uniformity

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For more than three decades, food labeling class actions have operated at the intersection of federal regulatory authority and state consumer protection law. At the junction of that intersection lies the Nutrition Labeling...more

DLA Piper

Food and Beverage News and Trends - February 2026 # 2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape....more

Blank Rome LLP

Supreme Court Overturns “Reciprocal” and “Trafficking” Tariffs Imposed Under IEEPA

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In the nine months since President Donald Trump unveiled sweeping tariffs on all U.S. trading partners, U.S. courts have grappled with a series of lawsuits challenging tariffs imposed under authority of the International...more

Kilpatrick

States Crack Down on Algorithmic and “Surveillance” Pricing

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A new wave of state action is putting algorithmic pricing practices in the spotlight. On January 27, California Attorney General Rob Bonta announced a “surveillance pricing” sweep targeting companies that charge different...more

Kilpatrick

Actionable Steps for Importers and Supply Chain Partners Catching Up to the Supreme Court’s Decision Invalidating IEEPA Tariffs

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Actionable Steps for Importers and Supply Chain Partners Catching Up to the Supreme Court’s Decision Invalidating IEEPA Tariffs....more

Seyfarth Shaw LLP

The Week in Weed: February 2026 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Virginia legislature made progress on a retail market bill. New York figured out a solution to its...more

Allen Matkins

Across California, Retail Looks Strong

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According to the Winter 2026 Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey, retail sector sentiment has strengthened and is now optimistic across all California markets, with the largest...more

Hogan Lovells

Agentic payments and the new fraud landscape for retailers

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Agentic payments create new opportunities for fraud. When an external AI agent is increasingly the “shopper”, both the merchant and payments provider sees less of the human and more of an automated request. That loss of...more

Jones Day

German Competition Authority Fines Amazon for Allegedly Influencing Prices of Third-Party Sellers on Amazon Marketplace

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In a landmark ruling, the German Bundeskartellamt fined Amazon EUR 59 million ($70 million) and prohibited Amazon from discriminating against third-party sellers for offering prices Amazon deems too high. On February 5,...more

Hogan Lovells

Exclusivity, scarcity and transparency: Legal boundaries of limited-edition luxury offers

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Scarcity is not a by-product of luxury—it is one of its defining features. High-end brands deliberately limit production, control distribution channels and restrict points of sale to preserve exclusivity, desirability and...more

Orrick, Herrington & Sutcliffe LLP

California attorney general launches surveillance pricing probe

On January 27, the California attorney general announced an investigative sweep targeting businesses’ use of consumer personal information to engage in surveillance pricing. The initiative is focused on whether companies are...more

Hinckley Allen

Real Estate – 2025 in Review

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Commercial and Retail Development - Assisting a commercial developer with a significant development in New Hampshire to revitalize a historic casino and beachfront district. The development will include a 52,000 sf...more

Blank Rome LLP

The BR Privacy & Security Download: February 2026

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Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. ...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

Hogan Lovells

FDA requests information regarding labeling and preventing cross-contact of gluten in packaged foods

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On January 21, 2026, FDA issued a request for information (RFI) regarding labeling and preventing cross-contact of gluten for packaged foods. The RFI comes in response to a citizen petition submitted by Celiac Journey...more

The Food Lawyers ®

When Food Label Class Actions Go Wrong: Arbitration Waivers, Sanctions, and Judicial Discretion After Golikov v. Walmart and the...

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Class actions challenging allegedly misleading food labels remain a staple of consumer litigation, particularly in California. One well-known northern California District Court is universally known to class action...more

Alston & Bird

California Attorney General Announces Investigative Sweep into “Surveillance Pricing”

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On January 28, 2026, California Attorney General (“AG”) Rob Bonta announced an investigative sweep targeting “surveillance pricing” practices among businesses in the retail, grocery, and hotel sectors. The investigation...more

Seyfarth Shaw LLP

The Week in Weed: January 2026 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the House began consideration of a bill to regulate hemp-derived CBD. In Florida, there’s controversy over...more

Kilpatrick

Eighth Circuit issues pro-defendant class certification ruling in consumer fraud MDL

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Takeway:  Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue.  When it comes to consumer fraud statutes, however, consumer...more

Kelley Drye & Warren LLP

NAD Decision Provides Guidance on Price Comparisons

Ahold and Lidl are grocery retailers. In a recent challenge before the NAD, Ahold argued that Lidl ads claiming that consumers could save when shopping at Lidl’s stores instead of Ahold’s stores—including Food Lion, Stop &...more

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