The US Food and Drug Administration finalized its rules requiring the listing of calorie information on menus and menu boards of certain food sellers. The rules apply to chains with at least 20 units operating under the same name (irrespective
2014
The mysterious world of Prop 65, part 4: The penalties
The obvious concern for many companies facing potential exposure for a Prop 65 violation is what is this going to cost me? The short answer: a lot. The potential for high civil penalties is daunting to many companies, a fact…
UPDATE: OEHHA provides proposed NSRL for DINP
Just in time for the anniversary of the listing of DINP on California’s Proposition 65 chemical list, the California Office of Environmental Health Hazard Assessment issued a proposed No Significant Risk Level for DINP of 146 µg/day.
If finalized, this…
Ninth Circuit finally poised to decide ascertainability split
At long last, the Ninth Circuit has heard the cries of confused class action litigants and will be weighing in on whether self-identification of class members (without the benefit of a receipt or other indicia of purchase) is enough to…
The mysterious world of Prop 65, part 3: the warning
Prop 65 plainly directs that any person in the course of doing business (meaning any private company that employs 10 or more persons) must provide a “clear and reasonable warning” before exposing individuals to listed carcinogens and reproductive toxins. When…
Countdown begins on the California Consumer Product Emissions Survey
We are just two short weeks away from the opening of data submission for the California Air Resources Board Consumer Products Survey.
Although the survey formally launched in September, ARB has continued to work on its submission tool and…
No plaintiff, no problem: Apple court allows action to proceed after plaintiff disqualified
Last week a N.D. California judge refused to dismiss a long-running class action suit against Apple Inc., despite disqualifying the last remaining named plaintiff. The parties rested Friday in the multi-million dollar antitrust trial accusing Apple of holding a…
Circuit split settled – notice of removal under CAFA does not require evidence
Class action litigators have long faced the unsettled question of what amount of evidence is necessary to support the removal of a state court action to federal court under the Class Action Fairness Act, the answer often changing depending on…
Gift card regulations pose daunting compliance challenges
Gift cards are a mainstay of retail sales, especially during the holidays when frantic shoppers are looking for easy, last-minute gift solutions.
Retailers often benefit from regulating gift certificates and gift cards by adding expiration dates and dormancy fees. But…
The mysterious world of Prop 65, part 2: The list
To determine whether Prop 65 impacts your company, the starting point is the Prop 65 chemical list. Knowing the listed chemicals and keeping up to date on new additions could mean the difference between facing a lawsuit or avoiding…