Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more
The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more
7/12/2024
/ Comment Period ,
Consumer Product Companies ,
Internet Retailers ,
Manufacturers ,
OEHHA ,
Proposed Amendments ,
Proposition 65 ,
Public Comment ,
Retailers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more
Retailers with private label products, restaurants and consumer product manufacturers should consider whether they are subject to state extended producer responsibility (EPR) laws, and therefore should register with the...more
The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....more
10/11/2023
/ Chemicals ,
Compliance Dates ,
Distributors ,
District Attorneys ,
Enforcement Authority ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Governor Newsom ,
Manufacturers ,
New Legislation ,
Retailers ,
Sellers ,
State Attorneys General ,
Toxic Chemicals
The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more
8/9/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Disability ,
Disability Discrimination ,
Disparate Impact ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Retailers ,
Title III ,
Unruh Civil Rights Act ,
Website Accessibility
Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more
One day before allowing “low-risk” retailers to reopen on a limited basis, California Governor Gavin Newsom on Thursday announced guidelines for certain retailers, manufacturers and other businesses to reopen fully during...more
California Gov. Gavin Newsom announced on Monday that certain low-risk retail businesses will be allowed to reopen on a limited basis if they meet state guidelines and conditions to be announced on Thursday, including by...more
Several U.S. retailers that remained open in the face of state and local shutdown orders have now been forced to close by local law enforcement.
Retailers that remain open should ensure that they qualify as “essential”...more
As an alternative to laying off employees, many retailers may be considering furloughs – unpaid leaves or drastic reductions in work hours or work schedules – that allow them to retain employees and possibly continue to...more
California Governor Newsom has clarified that distribution centers in California can remain open under his Safer At Home order, stating that “[d]istribution centers are part of critical infrastructure for many industries,”...more
Following COVID-19 shelter-in-place orders by nearly a dozen different California counties, Governor Gavin Newsom on Thursday evening issued a statewide order directing all individuals in the state to stay home “except as...more
Retailers are being targeted by class action lawsuits alleging that automatic renewal of loyalty programs requiring an annual fee violates California law. In the past year and a half, more than 100 lawsuits have been filed...more
Retailers are being targeted by class action lawsuits alleging that automatic renewal of loyalty programs requiring an annual fee violates California law. In the past year and a half, more than 100 lawsuits have been filed...more
Retailer groups, including the National Retail Foundation, the U.S. Chamber of Commerce, and the Restaurant Law Center, are part of a coalition urging the Federal Communications Commission to clarify what constitutes an...more
2/18/2020
/ ATDS ,
Auto-Dialed Calls ,
Chamber of Commerce ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Public Comment ,
Restaurant Industry ,
Retailers ,
Rulemaking Process ,
Smartphones ,
TCPA
In addition to concerns surrounding the accessibility of a business’ website, retailers now have a new concern – the accessibility of their gift cards. Plaintiffs have recently filed a number of lawsuits alleging that the...more
New York furniture retailers and manufacturers have until October 12, 2019 to comply with a New York state law that requires that clothing storage units be labeled with a permanent tip hazard warning and sold with a tip...more
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has finalized a highly anticipated Proposition 65 regulation relating to coffee. The regulation, California Code of Regulations Section 25704, takes...more
6/27/2019
/ Appeals ,
Cancer ,
Chemicals ,
Legal History ,
Manufacturers ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
Retailers ,
Starbucks ,
Stays ,
Warning Labels
A number of retailers and manufacturers have recently received notices from the U.S. Consumer Product Safety Commission concerning a possible data breach. The CPSC’s letter advises recipients of an unauthorized release of...more
On December 21, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) signed into law by...more
Defendants in the Proposition 65 case against Starbucks and numerous other coffee manufacturers and retailers have indicated that they intend to file a motion to stay that action following a proposal by the California agency...more
Retailers and manufacturers should take steps now to ensure they are compliant with the new California Proposition 65 warning regulations that take effect on August 30, 2018.
Proposition 65 prohibits retailers and...more
The Eleventh Circuit Court of Appeals is set to hear oral arguments on April 4 concerning whether a website accessibility plan pursuant to a prior settlement agreement moots injunctive relief claims under Title III of the...more
Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more