From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As...more
7/21/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Customers ,
Disclosure Requirements ,
Employees ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Regulatory Oversight ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Sustainability
On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more
3/25/2021
/ Cancer ,
Cannabis Products ,
Comment Period ,
Disclosure Requirements ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
Safe Drinking Water Act ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more
1/14/2021
/ Consumer Product Companies ,
Distributors ,
Manufacturers ,
Notice and Comment ,
Notice Requirements ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with...more
The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic. Here are some of the biggest...more
11/30/2020
/ Beverage Manufacturers ,
Coronavirus/COVID-19 ,
Employees ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Service Workers ,
Food Supply ,
Health and Safety ,
OSHA ,
Restaurant Industry ,
Retail Market ,
Small Business
Despite the COVID-19 pandemic and limitations on court operations, food litigation filings continue to exceed numbers seen in prior years. As our Food Litigation colleagues wrote in Law360 (sub. req.), food litigation...more
A forthcoming rule from the U.S. Drug Enforcement Agency (DEA) has caused considerable concern within the cannabidiol (CBD) industry. The anticipated rule relates to the distinction made in the 2018 Farm Bill that removed...more
California’s Attorney General (AG) releases annual summaries of Proposition 65 settlements. This settlement data provides important insight into Proposition 65 litigation trends. Here are some of the most important takeaways...more
Welcome to the first in a multipart series of posts regarding California’s Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends...more
The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19...more
On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings.
Better known as Proposition 65, the California’s...more
The U.S. Food and Drug Administration (FDA) submitted a report to Congress on July 8, 2020, providing an analysis of the cannabidiol (CBD) marketplace. The submission was in response to the Further Consolidated Appropriations...more
In 2011, Perkins Coie’s winning defense in Turek v. General Mills led to the first published federal appellate decision on the scope of the preemption defense under the Nutrition Labeling and Education Act (NLEA)....more
California courts remain a top forum for food litigation matters. So many matters are heard in the Northern District of California that it has gained a reputation as the “Food Court.” Now, the California Supreme Court has...more
In recent days, the federal government has taken two significant steps to increase healthcare funding to assist providers in responding to the medical and economic consequences of the novel coronavirus pandemic.
$100 Billion...more
4/30/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Diagnostic Tests ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Funding ,
Fee-for-Service ,
Health Care Providers ,
Healthcare Provider Corporations ,
Indian Health Service (IHS) ,
Medicare ,
Paycheck Protection Program and Health Care Enhancement Act ,
Public Health ,
Relief Measures ,
Rural Health Care Providers ,
Uninsured Patients ,
Virus Testing
The Coronavirus Aid, Relief, and Economic Security Act, known as the “CARES Act,” became law on March 27, 2020. The CARES Act implements wide-ranging changes to law and funding designed to ameliorate the coronavirus...more
The federal Department of Health and Human Services (HHS) on March 13, 2020, invoked its authority under section 1135 of the Social Security Act (the act) to waive certain requirements that providers normally must meet to...more
03.16.2020 | Updates By a vote of 363-40 the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act, on March 14, 2020. The bill now proceeds to the U.S. Senate, and the White House has...more
The U.S. Department of Justice (DOJ) has reached a settlement with hospice company AseraCare, closing a 12-year-old saga that carries substantial implications for False Claims Act (FCA) enforcement in cases involving a...more
3/10/2020
/ Department of Justice (DOJ) ,
Evidence ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Jury Instructions ,
Medical Necessity ,
Medicare ,
Motion For New Trial ,
Objective Falsity ,
Remand
On March 2, 2020, CLE International held the first day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs’ bar, academia,...more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) added ?9-tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. Proposition 65,...more
2/15/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Disclosure Requirements ,
Manufacturers ,
Marijuana ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Drinking Water Act ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more
On the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that that...more