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 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
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
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
There has been yet another update in the series of the latest Proposition 65 proposed rulemaking regarding short-form warnings. On January 8, 2021, the California Office of Environmental Health Hazard Assessment’s (OEHHA) announced that it would amend the regulation relating to short-form Proposition 65 warning. After two sets of revisions to the proposed regulation, OEHHA … Continue reading
In a fitting continuation of the battle for light bulbs, the US Department of Energy recently finalized rules prohibiting the sale of most general use lamps with an efficiency rating of less than 45 lumens per watt (lpw)(for anyone new to the area, “lamp” in this context means what you typically think of as a “light … Continue reading
In the latest twist in California’s never-ending saga to amend the Proposition 65 “short-form” warning regulation, there’s now been a second proposed change. The California Office of Environmental Health Hazard Assessment (OEHHA) has been for some time attempting to limit the use of short form warnings, although encountering significant push back and concerns from the … Continue reading
A year ago, we wrote about a preliminary injunction that barred new lawsuits seeking to enforce California Proposition 65 cancer warning requirements for acrylamide in food. That injunction was appealed, and on March 17, the Ninth Circuit Court of Appeals–which is not known as “business friendly”–decided the injunction was proper. This is a major win for … Continue reading
Eleven months after issuing its original proposal to significantly restrict the use of so-called “short-form” Prop 65 safe harbor warnings, the California Office of Environmental Health Hazard Assessment (OEHHA) published a revised proposed regulation on December 13, 2021. The original proposal, which we summarized here, would have required businesses to make significant revisions to their … Continue reading
Businesses scored a win in a recent California Court of Appeal decision affirming a defense jury verdict in a website accessibility lawsuit. In Cheryl Thurston v. Omni Hotels Management Corp., the court held that for a plaintiff to prevail in such a claim, she must show a “bona fide intent” to actually use the defendant’s … Continue reading