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Jones Day

European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

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Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

McDermott Will & Emery

Navigating the Regulatory Landscape for Private Label Alcohol

Private labels are not a new concept – many consumers have purchased private label products for years, but their use is becoming more prevalent and ubiquitous in the market as demand for private labels continues to rise. ...more

Perkins Coie

‘Tis the Season… for Cybercriminals: A Holiday Reminder for Retailers

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As the holiday shopping season kicks into high gear, it also becomes a prime opportunity for cybercriminals to target retailers, their suppliers, and their customers.  As The Hacker News reports, criminal use of artificial...more

Husch Blackwell LLP

The Specter of Nuclear Verdicts and Middle-Market Companies

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The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...more

ArentFox Schiff

Understanding Suppliers’ Rights and Remedies in Retail and Hospitality Bankruptcies

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On May 14, Outfox Hospitality LLC, the parent company of the retail chain Foxtrot Market, along with its affiliates, filed for Chapter 7 bankruptcy protection in the Bankruptcy Court for the District of Delaware, with the...more

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more

Troutman Pepper Locke

California Considers Modifying Prop 65 Warning Requirements (Again)

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In 2021 we wrote about the California Office of Environmental Health Hazard Assessment’s (OEHHA) plans to amend regulations governing Proposition 65 (Prop 65) short-form warning labels. On May 20, 2022, however, OEHHA...more

Cole Schotz

New York Cannabis Reguations – Are You a True Party of Interest?

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As the New York State Office of Cannabis Management (“OCM”) has started accepting applications for the adult-use cannabis market, it is important to be aware of certain ownership requirements. The New York State Cannabis Law...more

Troutman Pepper Locke

Virginia AG Reminds Suppliers: Price Gouging Laws in Effect Due to Wildfires

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On November 7, Virginia Attorney General (AG) Jason Miyares reminded suppliers that the current state of emergency caused by wildfires triggered Virginia’s anti-price gouging statutes, which prohibit businesses from raising...more

Vicente LLP

Revised New York Adult-Use Cannabis Regulations: What You Need to Know

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On May 11, 2023, New York’s Cannabis Control Board voted to approve the revised adult-use cannabis regulations. Upon publication in the New York State Register, these draft regulations are subject to another 45-day public...more

Barnea Jaffa Lande & Co.

Drastic Measures to Reduce Concentration and Increase Competition in the Israeli Food and Toiletries Market

The Israeli Ministry of Finance and the Competition Authority published a public appeal to submit positions with regard to their plan to reduce concentration and increase competition in the food and toiletries market, which...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

Cozen O'Connor

FTC Seeks Information to Study Causes and Impacts of Supply-Chain Disruptions

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The Federal Trade Commission (“FTC”) issued orders under Section 6(b) of the FTC Act to nine large retailers, wholesalers, and consumer good suppliers requiring them to provide information for a study examining recent...more

Conn Kavanaugh

Changes to alcohol distribution laws put some franchise protections on ice

Conn Kavanaugh on

Massachusetts franchise protection laws may be the furthest thing from our minds while enjoying a cold beverage this summer, but recent legal developments have changed the way that alcoholic beverages make their way from...more

Stoel Rives LLP

Prop 65 Changes Coming That Could Cause Headaches For Businesses

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If you sell goods in the State of California, you are probably familiar with Proposition 65 (“Prop 65”), which requires businesses to provide a warning before they “knowingly and intentionally expose any individual to a...more

Benesch

Supply Chain Management and Pragmatic Contracting

Benesch on

Supply chain management of the near future will be nimble and effective, but above all else, it will be pragmatic. The Covid-19 pandemic unleashed upon the world a master class in global supply chain management. Professionals...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic...

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In February, Proposition 65 (“Prop. 65”) plaintiff groups issued, per normal, just around three hundred (300) total 60-Day Notices of Violation (“Notices”)—two hundred and ninety-six (296) Notices to be exact—and some of...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic...

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Two thousand twenty-one is off to a roaring start in California’s Proposition 65 (“Prop. 65”) world. Prop. 65 plaintiff groups issued two hundred thirty-seven (237) total 60-Day Notices of Violation (“Notices”), with a number...more

Downey Brand LLP

Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds...

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Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more

Cozen O'Connor

Yeah, About That Consignment Agreement … How You Can Lose Your Goods in a Retail Bankruptcy

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You just heard a rumor that your largest retail customer is in financial distress and may file for bankruptcy. After a moment of panic, you review your consignment agreement with the retailer (this assumes that you have a...more

Downey Brand LLP

Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights –...

Downey Brand LLP on

In November 2020, Proposition 65 (“Prop. 65”) plaintiff groups issued three hundred and fourteen (314) Prop. 65 60-Day Notices of Violation (“Notices”). In these Notices, plaintiff groups allege that chemicals in foods and...more

Downey Brand LLP

Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet...

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October 2020 Proposition 65 (“Prop. 65”) claims were, once again, varied and abundant with respect to food and consumer product allegations. Plaintiff groups issued three hundred and thirty-three (333) total Prop. 65 60-Day...more

Downey Brand LLP

Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic...

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September 2020 Proposition 65 (“Prop. 65”) claims were, for the most part, “oldies but goodies.” Plaintiff groups issued three hundred and forty (340) total Prop. 65 60-Day Notices of Violation (“Notices), over two hundred...more

Greenberg Glusker LLP

To Ship or Not to Ship: 3 FAQ’s for Creditors Seeking Guidance Before or During a Retail Bankruptcy

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COVID-19 has impacted an already shaky retail industry and pushed some of its participants into a rapid-fire series of bankruptcy filings. Although there was already a long list of prominent retail bankruptcies over the past...more

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