News & Analysis as of

Retail Market

Hogan Lovells

MAHA Commission Releases Make Our Children Healthy Again Strategy

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This week, the Make America Healthy Again (“MAHA”) Commission released its highly anticipated Make Our Children Healthy Again Strategy (“Strategy”), which outlines “a strategic approach for executive actions to address the...more

Seyfarth Shaw LLP

The Week in Weed: September 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the MORE Act was reintroduced, and the SAFER Banking Act got some support. Roger Stone came out in favor...more

Miller Nash LLP

From Cocktails to Mocktails: Protecting Your Brand in America's $9 Billion N/A Market

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The American drinking landscape is undergoing a dramatic transformation. While alcohol used to be a staple for late nights, social gatherings, and weekend relaxation, today's consumers are increasingly mindful about their...more

Morgan Lewis

Court Holds Prop 65 TiO2 Warning Violates First Amendment in Cosmetics and Personal Care Products Industry Win

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In a decision building on a string of recent industry wins, a federal district court granted a permanent injunction, which extended an earlier issued preliminary injunction, prohibiting the filing of new lawsuits to enforce...more

Troutman Pepper Locke

FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO

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On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency has unlawfully delayed rendering a decision on supervisory review of its...more

Seyfarth Shaw LLP

Moving the Goalposts: NYC Cannabis Retailers Get Schooled on Proximity Rules

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New York City’s cannabis retailers are facing a new regulatory challenge that blends zoning complexity with legal compliance. A recent correction by the Office of Cannabis Management (OCM) has redefined how dispensaries must...more

Seyfarth Shaw LLP

Taylor Swift’s Trademark Era: How The Life of a Showgirl Reinforces Her IP Empire

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Taylor Swift isn’t just a pop icon—she’s a master of intellectual property strategy. With the announcement of her twelfth studio album, The Life of a Showgirl, Swift once again demonstrated how to blend creative storytelling...more

Troutman Pepper Locke

A Path Forward for Colo. Pot Products After Failed Safety Test

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In the rapidly evolving landscape of Colorado’s cannabis industry, maintaining compliance with state regulation is not just a legal obligation but a critical component of business strategy. As cannabis products undergo...more

Seyfarth Shaw LLP

The Week in Weed: August 2025 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news is that Delaware’s retail market has opened. There are problems with dispensary locations in...more

Troutman Pepper Locke

FDA Tobacco Civil Money Penalty Provisions Ruled Unconstitutional, but Not Enjoined Nationwide

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In early August, the U.S. District Court for the Northern District of Texas ruled that the civil money penalty (CMP) provision in the Food, Drug, and Cosmetic Act (FDCA) for tobacco products, 21 U.S.C. § 333(f)(9), is...more

Troutman Pepper Locke

Bipartisan State AGs Urge Congress to Grant Access to Federally Regulated Banking and Financial Services to State-Regulated...

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In July 2025, a bipartisan coalition of 32 state and territorial attorneys general (AG) sent a letter to Congressional leaders urging the passage of the Secure and Fair Enforcement Regulation (SAFER) Banking Act. Their letter...more

Allen Matkins

Retail’s Flight to Quality

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With investors expressing optimism, the retail sector is steady or improving across California. Residential-serving retail is a key bright spot, with specialty stores and restaurants potentially entering a new growth cycle,...more

McCarter & English, LLP

Antitrust Law in the Cannabis Sector

Recent antitrust litigation in the cannabis and vape sectors signals intensified scrutiny of pricing practices, distribution restraints, and exclusionary conduct. Two recent cases, Redbud Roots, Inc. v. Shenzhen Smoore...more

Cadwalader, Wickersham & Taft LLP

Global Moves, Digital Shifts, July 2025 - CFTC Relief for Event Contracts

In addition to everything relating to cryptos, event contracts are one of the hottest topics in Washington at the Commodity Futures Trading Commission (“CFTC”). Hopefully, when former CFTC commissioner Brian Quintenz is...more

Seyfarth Shaw LLP

The Week in Weed: July 2025 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Senate confirmed a new head of the Drug Enforcement Administration. The Senate Appropriations...more

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Troutman Pepper Locke

Indian Tribe Fights With ATF Over Applicability of PACT Act to Its Cigarette Sales

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In 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) placed Twenty-Nine Palms Band of Mission Indians (Twenty-Nine Palms), a federally recognized Indian tribe that sells cigarettes on sovereign reservations...more

Troutman Pepper Locke

Sam’s Club Eyeing Appeal of Hefty Local Tobacco Tax Assessment

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In June, the Appellate Court of Illinois upheld an assessment of over $314 million against Sam’s Club for unpaid county cigarette excise taxes, including a 10% late fee, a 25% penalty, and accrued interest. The assessment...more

Seyfarth Shaw LLP

The Week in Weed: July 2025 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, another cannabis legalization measure cropped up in Pennsylvania. ...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Seyfarth Shaw LLP

The Week in Weed: July 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see the end of cannabis legalization in Wisconsin, at least for now. Delaware will begin retail sales...more

Seyfarth Shaw LLP

Real Estate: Market Pulse (July 2025)

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Seyfarth’s real estate team provides a bird's-eye view of the current state of commercial real estate throughout the country—highlighting which markets and major asset types are active, slowing down, or experiencing shifts....more

Volpe Koenig

Intellectual Property in Popular Culture: When IP Goes “Pop”

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Like other areas of law, intellectual property (IP) is often depicted as part of a plot point in popular culture, such as movies and television. In addition, lP is often mentioned in the mass media, particularly when any...more

Seyfarth Shaw LLP

The Week in Weed: June 2025 #3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, hemp is on the agenda, both in Texas and in Congress. SAFER Banking, less so. And finally, it was so hot...more

Seyfarth Shaw LLP

The Week in Weed: June 2025 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, a bill headed to the President’s desk may ease restrictions on cannabis research. Facebook and Instagram...more

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