Retailers that advertise sale prices in comparison with regular prices in California should ensure that the products were actually offered for sale at those regular prices within the preceding three months, in order to avoid...more
In order to help retailers improve access to all customers and reduce potential liability, this is the first in a three-part series offering tips for compliance with the Americans With Disabilities Act (ADA). This week we...more
Californians narrowly validated the statewide plastic bag ban previously passed by the state Legislature, while rejecting a proposition that would have required retailers to remit money charged for single-use carry-out bags...more
Banks and credit unions are among the most recent targets of a wave of demand letters and lawsuits alleging violation of the Americans With Disabilities Act of 1990 (the “ADA”). The most common allegations concern...more
The Prop. 65 Clearinghouse held its annual conference in San Francisco recently, and the speakers and panelists had a number of recommendations for both retailers and manufacturers following the adoption of Proposition 65’s...more
UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote.
This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and...more
9/19/2016
/ Corporate Counsel ,
Counterfeiting ,
Digital Single Market ,
EU ,
Facebook ,
Internet Service Providers (ISPs) ,
Labor Code ,
OEHHA ,
Proposition 65 ,
Retailers ,
UK Brexit ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) has adopted new Proposition 65 warning regulations. The new regulations will take effect in two years, on August 30, 2018. In the interim, businesses may...more
A recent federal court ruling allows a class action lawsuit to proceed against luxury fashion retailer Jimmy Choo for violating the Fair and Accurate Credit Transactions Act of 2003 (FACTA). This ruling, which will likely be...more
The Food and Drug Administration (FDA) says its final rule allowing outside groups to evaluate food additive risks will streamline its “Generally Recognized as Safe” (GRAS) reviews.
The agency recently released its GRAS...more
A new federal law will require food makers to disclose when foods contain genetically modified ingredients.
The law, which was recently signed by President Obama, will require such food products to be labeled with text,...more
8/15/2016
/ Attorney General ,
Barack Obama ,
Disclosure Requirements ,
Exemptions ,
False Advertising ,
Federal v State Law Application ,
Food Labeling ,
Food Manufacturers ,
GMO ,
Natural Products ,
New Legislation ,
Preemption ,
USDA
The Federal Trade Commission has approved four final consent orders against companies that allegedly misrepresented their personal care products as "All-Natural" or "100% Natural," despite the fact that they contain man-made...more
Following a failed legal challenge by Syngenta Crop Protection, California’s Office of Environmental Health Hazard (OEHHA) has announced that it has added a group of broadleaf herbicides to the list of chemicals under...more
Sedaxane and styrene are among the latest chemicals to be listed by California as requiring a Prop. 65 warning. Sedaxane is a seed treatment fungicide. It was listed under Prop. 65 as a carcinogen on July 1, and the warning...more
Although the Prop. 65 warning requirement for bisphenol-A (BPA) took effect on May 11, only two 60-day notices have been served alleging harmful exposure to the chemical without providing a warning. Those notices, both served...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has launched a website, www.P65Warnings.ca.gov, intended to provide both businesses and consumers with information regarding the requirements for...more
Two recent cases by the Federal Trade Commission (“FTC”) demonstrate its position that paid endorsements in social media must be disclosed. These cases reinforce the FTC’s stance on transparency in native advertising, which...more
An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more
The Proposition 65 warning requirement for Bisphenol-A (“BPA”) takes effect on May 11, 2016, but a recent emergency regulation has revised the warning requirements for food and beverage products only.
Pursuant to an...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has released another draft of its proposed amendments to the Proposition 65 warning regulations. This is the third draft OEHHA has released for public...more
4/20/2016
/ Amended Regulation ,
Manufacturers ,
OEHHA ,
Proposition 65 ,
Public Comment ,
Retailers ,
Safe Harbors ,
Suppliers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels