News & Analysis as of

Distributors

Bergeson & Campbell, P.C.

Amazon Files Suit against CPSC, Challenging CPSC’s Determination That Amazon Is a Distributor

On March 14, 2025, Amazon filed suit against the Consumer Product Safety Commission (CPSC) in the U.S. District Court for the District of Maryland, challenging CPSC’s July 29, 2024, and January 16, 2025, orders determining...more

The Volkov Law Group

The Brave New World — Due Diligence to Identify Cartels and TCOs

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When assessing your third-party risks, it is important to start with one important division — a company’s supply chain and on the flip side, a company’s distribution chain.  Sourcing materials and supply chain links present a...more

Bergeson & Campbell, P.C.

Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA — A Conversation with Richard E. Engler, Ph.D. and Kelly N....

This week, I discuss with my colleagues, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Kelly N. Garson, Senior Associate for B&C and Acta, our recently released...more

Clark Hill PLC

Washington’s Toxic-Free Cosmetics Act: What You Need to Know

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1. The Toxic-Free Cosmetics Act (“TFCA”) restricts nine chemicals or chemical classes. The TFCA restricts nine chemicals or chemical classes from cosmetic products made, distributed, or sold in Washington....more

Arnall Golden Gregory LLP

Federal Circuit Expands Types of Investments That Satisfy the ITC’s “Domestic Industry” Requirement

Two recent Federal Circuit decisions open the doors of the United States International Trade Commission (“ITC”) to smaller companies that are threatened by unfair imports....more

Stikeman Elliott LLP

Health Canada Consults on Pathway for Health Products Containing CBD

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Health Canada recently announced that it is exploring a regulatory pathway that would allow products containing cannabidiol (“CBD”) to be purchased without a prescription. Under the current regulatory scheme, all health...more

Husch Blackwell LLP

Cannabis Debts, Collections, and Lawsuits

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Cannabis companies of all sizes have likely come across the issue of having to pursue badly behaved accounts receivable. What was once a time of prosperity has now turned into a business climate of pessimism and regret where...more

Oberheiden P.C.

Recent DOJ Enforcement Actions Signal New Trend Toward Targeting Black Market Prescription Drug Diversion

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A couple of recent large-scale enforcement actions suggest that the U.S. Department of Justice (DOJ) may be placing increased emphasis on targeting black market prescription drug diversion. This is when pharmaceutical...more

Hogan Lovells

State Licensing Spotlight – Prescription medical device manufacturers & distributors: Regulatory considerations applicable to...

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State licensing for prescription medical device manufacturers and distributors is a complex and evolving landscape. While FDA oversees federal regulations, individual states impose their own licensing requirements, which can...more

Lewitt Hackman

Franchisee 101: Outside Chance of a Franchise

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A New Jersey Court of Appeals found that a retailer was not a franchisee under New Jersey’s Franchise Practices Act (NJFPA) and therefore NJFPA’s termination requirements did not apply to the retailer’s termination....more

Hogan Lovells

The CJEU reinforces the liability of the distributor in claims for damages for defective products

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The Court of Justice of the European Union (CJEU) reinforces the liability of the distributor in claims for damages caused by defective products in cases of identity between the name of the distributor and the brand it...more

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

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A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Cozen O'Connor

Purdue Pharma to Pay $7.4 Billion to Settle Thousands of Opioid-Related Lawsuits

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New York AG Letitia James, along with a bipartisan coalition of 15 other state AGs and additional parties, has reached a settlement in principle with members of the Sackler family and Purdue Pharma, Inc., to resolve...more

ArentFox Schiff

California Passes Producer Responsibility Law for Textiles: Three Takeaways

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Working toward a more circular economy will continue to be at the forefront in 2025. More and more, states are requiring producers to manage the end-of-life of an increasing number of consumer items, from packaging materials,...more

Tucker Arensberg, P.C.

Avoiding Interlocking Business Prohibitions in Pennsylvania Liquor Licensing

Navigating Pennsylvania’s strict PLCB liquor licensing rules can be challenging, especially when it comes to interlocking business prohibitions. Whether you’re applying for a restaurant liquor license or negotiating a lease...more

BCLP

One More for the Road: FTC Files Price Discrimination Suit Against Beverage Company in Final Weeks of Biden Administration

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This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more

Sheppard Mullin Richter & Hampton LLP

Texas Considers Comprehensive AI Bill

Texas is joining a growing number of states in considering comprehensive laws regulating use of AI. In particular, the Texas Legislature is scheduled to consider the draft “Texas Responsible AI Governance Act” (the “Act”),...more

Foley & Lardner LLP

Controlling Entities to Dealer Contracts Subject to Puerto Rico’s Law 75 May Be Liable for Tortious Interference

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Plaintiffs asserting claims for tortious interference of contracts covered by Puerto Rico’s Dealer’s Contracts Act, commonly known as Law 75, may automatically satisfy one element of such a claim. Law 75 regulates...more

Davis Wright Tremaine LLP

FTC v. Southern Glazer's Wine & Spirits: A Sobering Reminder That the Robinson-Patman Act Remains on the Books

In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) for the first time in decades filed an action alleging secondary line price discrimination under the Robinson-Patman Act (RPA). The FTC's...more

Arnall Golden Gregory LLP

OIG Approves Dental Supplies Distributor’s Plan to Expand Loyalty Program

The Department of Health and Human Services, Office of Inspector General (“OIG”) recently released a favorable advisory opinion, OIG Advisory Opinion No. 24-10 (the “Opinion”) to a dental supplies distributor (the “Requestor”...more

Fuerst Ittleman David & Joseph

FDA Issues Five Warning Letters to Makers of Knockoff GLP-1 Drugs

On December 17, 2024, the FDA published five (5) warning letters previously issued to makers of knockoff GLP-1 drugs. Four of the five warning letters were to companies (specifically, Xcel Research, Prime Vitality, Summit...more

Snell & Wilmer

Nebraska Tribe Asks Supreme Court to Undo Tobacco Sales Ruling

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A Nebraska tribe’s tobacco businesses are asking the U.S. Supreme Court to overturn the Eighth Circuit Court of Appeals’ ruling in HCI Distribution Inc., et al. v. Michael T. Hilgers, et al. This decision concluded that the...more

Perkins Coie

FTC’s Last Attempt To Revitalize the RPA?

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On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits (Southern)—the largest wholesale distributor of wine and spirits in the country—in the U.S. District Court for the Central...more

Keller and Heckman LLP

November 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Lathrop GPM

Pennsylvania Federal District Court Grants Battery Supplier’s Motion to Dismiss Distributor’s Breach of Contract Counterclaims for...

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A federal court in Pennsylvania recently granted battery supplier C&D Technologies, Inc.’s motion to dismiss counterclaims brought by its former distributor Elliott Auto Supply Co, Inc. d/b/a Factor Motor Parts’ (FMP). C&D...more

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