In December 2023, Bisphenol S (BPS) was added to the Proposition 65 list as a reproductive toxicant (female reproductive endpoint). Companies had twelve months from the listing before the warning requirement went into effect. Since the beginning of the year
Navigating the complex landscape of false labeling litigation in the Ninth Circuit
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
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
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:
Climate Corporate Data Accountability Act (SB 253
California again seeks overhaul of Proposition 65 short-form warning
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
California AG issues guidance regarding enforcement of PFAS ban in food packaging and cookware
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
CA court shuts down website accessibility claims for online-only businesses
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
California enacts PFAS prohibition for textiles
Uyghur Forced Labor Prevention Act enforcement strategy released
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
Prop 65 proposed short form warning regulation lapses
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