As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
The House passed two bills on June 23, 2021 aimed at protecting infants and children from potentially dangerous furniture. First, the Stop Tip-overs of Unstable, Risky Dressers on Youth (“STURDY”) Act would direct the...more
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more
In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The...more
Last month, the Ninth Circuit struck down a district court’s order approving a class settlement and awarding nearly $7 million in attorneys’ fees to class counsel in a consumer class action challenging the defendant’s...more
On June 25, 2021, the Consumer Product Safety Commission’s (CPSC) new standard addressing the flammability of upholstered furniture went into effect.1 The rule adopts California Technical Bulletin 117-2013—applicable to...more
On March 1, 2021, the Consumer Product Safety Commission (CPSC) signaled its intent to increase enforcement of its product safety regimen by seeking to more than double its current $135 million budget via a public letter from...more
4/22/2021
/ American Rescue Plan Act of 2021 ,
Artificial Intelligence ,
Budgets ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Coronavirus/COVID-19 ,
Data Collection ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Information Technology ,
Modernization ,
NHTSA ,
Restructuring ,
Risk Assessment
American households are increasingly connected internally through the use of artificially intelligent appliances. But who regulates the safety of those dishwashers, microwaves, refrigerators, and vacuums powered by artificial...more
Since well before inauguration day, the Biden administration indicated that it would immediately take action to undo the deregulation agenda of the previous administration. As part of this effort, President Biden is expected...more
New Proposition 65 warning requirements applicable to cannabis and CBD products took effect on January 3, 2021, after a one-year enforcement grace period. Companies who manufacture, distribute, or sell at retail THC products...more
Back in March, we wrote about how the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (PREP) Act to grant immunity to “Covered Persons” providing “Covered...more
As the COVID-19 pandemic continues, and with an incoming Biden administration that is expected to step up efforts to control the spread of the virus, use of personal protective equipment (“PPE”) and cleaning/disinfectant...more
11/24/2020
/ Consumer Product Safety Act (CPSA) ,
Consumer Product Safety Commission (CPSC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Environmental Protection Agency (EPA) ,
FHSA ,
Food and Drug Administration (FDA) ,
Manufacturers ,
New Guidance ,
Personal Protective Equipment ,
Public Readiness and Emergency Preparedness Act (PREP Act)
On March 25, 2020, we reported that the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (“PREP”) Act to provide immunity to “Covered Persons” providing “Covered...more
The California Supreme Court recently held that claims brought by the government for civil penalties under California’s unfair competition law (B&PC § 17200, et seq.) and false advertising law (B&PC § 17500, et seq.) are to...more
The ongoing COVID-19 pandemic has brought with it a surge of class action lawsuits targeting fitness clubs, entertainment venues, educational institutions, manufacturers of consumer products, and insurance companies, among...more
The results of the ninth annual Carlton Fields Class Action Survey confirms Foley & Lardner LLP’s recent forecast that businesses should be prepared for a sharp uptick in class action lawsuits. Even pre-pandemic, there was an...more
Virtually every consumer-facing business has been impacted by shelter-in-place orders, supply chain issues, or new uses for products in a socially distanced society. Many are making headway in adapting to the “new normal” as...more
The California Court of Appeal recently ruled that a firm used a “shill plaintiff” in a failed suit over a “Made in the USA” label, potentially opening the door for suit against similar repeat plaintiffs in other types of...more
The COVID-19 pandemic has altered the landscape for private and public businesses in almost every industry, impacting day-to-day operations as well as longstanding obligations to businesses and consumers alike. Just over a...more
Updated as of Friday, April 17, 2020 -
As discussed in our March 25 article below on liability immunity and the PREP Act, the March 17, 2020 Declaration by the Secretary of the Department of Health and Human Services...more
On March 17, 2020, the Secretary of the Department of Health and Human Services (HHS) issued a Declaration energizing the PREP Act, which provides legal immunity for manufacturers, distributors, suppliers and administrators...more
California’s Proposition 65 – which already poses daunting compliance challenges for a wide range of industries – is now set to apply more broadly to cannabis and cannabidiol (“CBD”) products. Beginning January 3, 2021,...more
3/10/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Manufacturers ,
Marijuana ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
Big changes are coming to a regulation that, while well meaning, cost businesses selling products in California more than $50M in 2017 and similar amounts in prior years. California’s Safe Drinking Water and Toxic Enforcement...more
5/30/2018
/ Amended Regulation ,
Corporate Counsel ,
Hazardous Waste ,
Manufacturers ,
OEHHA ,
Proposition 65 ,
Regulatory Burden ,
Retailers ,
Safe Harbors ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels ,
Waste Disposal ,
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