On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories...more
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
California’s proposed amendments to the Proposition 65 short-form warning requirements have been approved and are set to take effect on January 1, 2025. Businesses that use the current version of the short-form warning will...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging...more
On September 29, 2024, Governor Newsom approved AB 347 which, among other things, finally answers the question of which California agency will be tasked with enforcing and interpreting at least some of California’s PFAS in...more
11/4/2024
/ Compliance ,
Compliance Dates ,
Consumer Product Companies ,
Enforcement ,
Governor Newsom ,
Manufacturers ,
New Legislation ,
Penalties ,
PFAS ,
Registration Requirement ,
Toxic Chemicals
California has become the first state in the nation to pass an extended producer responsibility (EPR) law making producers of apparel and textiles responsible for the full lifecycle of those products....more
In the absence of comprehensive federal regulation of PFAS in cookware, states are enacting and proposing their own laws. Thus far, eight (8) states have enacted laws addressing PFAS substances in cookware and bakeware...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
PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted legislation concerning...more
As a result of changes to the Proposition 65 warning requirements that went into effect in 2018 many businesses have chosen to use the “short-form” warning which does not require the identification of a specific chemical....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
Last week the California legislature passed two bills regulating PFAS in certain products:
..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and
..AB 1423 which restricts the...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938.
As we...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is significantly changing regulation of the cosmetics industry in the U.S. For the first time, cosmetics manufacturers and brand owners will need to register...more
The U.S. Food and Drug Administration has issued a draft guidance to assist companies submitting cosmetic product facility registrations and cosmetic product listings to the FDA in compliance with the Modernization of...more
The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more
Federal Made in U.S.A. Rule -
In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more
5/9/2022
/ Advertising ,
Beverage Manufacturers ,
Class Action ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Livestock Protocol ,
Made in the USA ,
Manufacturers ,
Metals ,
New Rules ,
Product Labels ,
Proposition 65 ,
Recycling ,
Regulatory Oversight ,
Slack-Fill Suits
The Modern Slavery Act (“MSA”) was introduced in the United Kingdom in October 2015 introducing criminal offences of slavery, servitude, forced or compulsory labour and human trafficking. However, its most profound impact has...more
1/30/2020
/ Agricultural Sector ,
Annual Reports ,
Benchmarking ,
Corporate Governance ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Forced Labor ,
Human Trafficking ,
Jurisdiction ,
Low-Wage Workers ,
Manufacturers ,
Modern Slavery Act ,
Publicly-Traded Companies ,
Risk Management ,
Slavery ,
Supply Chain ,
Transparency ,
UK
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
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 FTC has sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems warning against warranty tie-in provisions that state consumers must use specified parts or...more
The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more