False labeling litigation presents an ongoing challenge for consumer packaged goods companies, and the Ninth Circuit’s recent decision in Whiteside v. Kimberly Clark Corp., 108 F.4th 711 (9th Cir. 2024), has further complicated the issue. This ruling appears to
Pet food regulations in the United States: Federal regulation
Today’s post in our pet food series focuses on federal oversight of pet food. At the federal level, the Food and Drug Administration (FDA) regulates pet food similar to that for other animal foods. The Federal Food, Drug and Cosmetic…
FDA and AAFCO end their Memorandum of Understanding (MOU)
Big changes are on the horizon for the pet food industry! The FDA and AAFCO have just ended their Memorandum of Understanding (MOU), and this shift could significantly impact businesses. This new development will affect regulatory oversight and compliance practices…
Pet food regulations in the United States: A series
Pet food in the United States is regulated at both the state and federal level. At the federal level, the US Food and Drug Administration (FDA) has exclusive oversight over pet food. At the state level, various state government agencies…
Website and privacy litigation: Its current state of play
These past two years have seen an influx of litigation involving commonly used tracking technologies and web analytics on websites that give rise to potential liability under various laws.
Creative plaintiffs lawyers have not used consumer protection statutes, but pre-existing…
Extended Producer Responsibility (EPR) requirements on the rise
EPR laws used to be reserved for specialized industries with complex waste disposal issues, such as paint, tires, electronics, batteries and mattresses. But increasing concerns over product life cycle has brought EPR to much broader industry sectors and product areas…
FTC votes to ban nearly all noncompete agreements in employment contracts
On April 23, 2024, the Federal Trade Commission voted 3 – 2, adopting a rule banning nearly all noncompete provisions that block workers from switching jobs within an industry, a decision that could possibly impact tens of millions of US…
SEC adopts climate-related disclosure rules
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…
CalRecycle releases much-anticipated guidance on use of the “chasing arrows” symbol and recyclability claims
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…
California 2023 legislative session roundup
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: