SEC adopts climate-related disclosure rules

By Will Troutman (US) on March 8, 2024 Posted in ESG

At long last, the Securities and Exchange Commission has finalized its rules regarding disclosures for climate-related risk for public companies. The SEC significantly softened the rules since the last proposal, including phasing in requirements based on company size, dropping Scope 3 emissions disclosure requirements, and only requiring disclosure of “material” information. Please read a detailed … Continue reading

CalRecycle releases much-anticipated guidance on use of the “chasing arrows” symbol and recyclability claims

By Will Troutman (US) and Ray Muro (US) on February 1, 2024 Posted in General, Recent consumer products case law

The “chasing arrows” symbol has been ubiquitous since its introduction in the late 1980’s. Consumers interpret packaging bearing the symbol as recyclable, but according to CalRecycle, the state agency with authority over recycling and waste management, whether a material is accepted for recycling and actually recycled is often dependent on geographic location. In other words, … Continue reading

California 2023 legislative session roundup

By Will Troutman (US), Jeff Margulies (US), Lauren Shoor (US) and Ray Muro (US) on January 17, 2024 Posted in General, Recent legislation and regulations

The California Legislature was especially busy this past year in the consumer markets space, enacting several key pieces of legislation aimed at addressing concerns over the environment and consumer protection. These include: Climate Corporate Data Accountability Act​ (SB 253) Climate-related risk disclosures (SB 261) Disclosures regarding voluntary carbon offsets, net zero and carbon neutrality claims​ … Continue reading

California again seeks overhaul of Proposition 65 short-form warning

By Lauren Shoor (US), Jeff Margulies (US), Will Troutman (US) and Eva Yang (US) on December 19, 2023 Posted in California Proposition 65

California Office of Environmental Health Hazard Assessment’s (OEHHA) is once again attempting to change the Proposition 65 safe harbor warning regulations. OEHHA has twice before attempted to make changes to the short-form warnings. Each time, industry has pushed back, and both attempts to change the regulations were ultimately unsuccessful. On October 27, OEHHA announced a … Continue reading

California enacts trio of ESG laws impacting public and private companies

By Will Troutman (US) on November 22, 2023 Posted in General, Recent legislation and regulations

The recent California legislative session saw the enactment of three pieces of climate legislation that are expected to have a significant impact on companies doing business in California, whether public or private. Senate Bill 253: The Climate Corporate Data Accountability Act SB 253 represents the first concrete climate emissions disclosure requirement in the US. The … Continue reading

California AG issues guidance regarding enforcement of PFAS ban in food packaging and cookware

By Jeff Margulies (US), Will Troutman (US) and Meg K. Tierney (US) on November 19, 2023 Posted in General, Recent legislation and regulations

On October 17, 2023, California Attorney General Rob Bonta issued an enforcement advisory letter to manufacturers, distributors, and sellers of food packaging and cookware regarding enforcement of California’s PFAS restrictions for these product categories. The advisory letter details the requirements and restrictions under AB 1200, many of which went into effect in January 2023, with … Continue reading

CA court shuts down website accessibility claims for online-only businesses

By Jeff Margulies (US) and Eva Yang (US) on October 13, 2022 Posted in General

The California Court of Appeal has issued a precedent-setting decision holding that the ADA does not apply to online-only businesses. The decision brings some much needed clarity for online-only businesses in California, although the federal courts are still split on whether websites that have no “nexus” to a physical location can be considered places of … Continue reading

California enacts PFAS prohibition for textiles

By Will Troutman (US), Jeff Margulies (US) and Ray Muro (US) on September 30, 2022 Posted in General

California Governor Gavin Newsom has signed AB 1817 into law, adding to the growing list of state legislation restricting the use of PFAS substances in a variety of consumer products. As of January 1, 2025, AB 1817 prohibits the manufacture, distribution, sale, or offer for sale in the state of “any new, not previously used, … Continue reading

Uyghur Forced Labor Prevention Act enforcement strategy released

By Will Troutman (US), Jeff Margulies (US) and Phil Di Tullio (US) on June 17, 2022 Posted in Recent legislation and regulations

While we will have more to say shortly on the strategy itself, we wanted to make sure you all saw that the U.S. Government has released its enforcement strategy for the UFLPA, as well as its initial “entity” list. Check back soon for some insights from us on the guidance. Strategy: UFLPA Strategy | Homeland … Continue reading

Compliance with Uyghur Forced Labor Prevention Act remains a big “?”

By Will Troutman (US) and Phil Di Tullio (US) on May 26, 2022 Posted in ESG

The US continues to trail much of the world in the business human rights space, as there currently are no broad-based federal modern slavery laws similar to the UK or Australia modern slavery acts, nor any proposed federal legislation addressing modern slavery. Similarly, very little has happened at the state level. Historically, the only piece … Continue reading