Jeff Margulies (US)

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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) 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

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 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 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

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

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 back soon for some insights from us on the guidance. Strategy: UFLPA Strategy | Homeland … Continue reading

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 to short-form Proposition 65 warning. After two sets of revisions to the proposed regulation, OEHHA … Continue reading

California issues second set of revisions to Prop 65 short form warning regulation

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

Ninth Circuit upholds preliminary injunction barring Prop 65 acrylamide lawsuits

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

California moves forward with revisions to Prop 65 short-form warning regulation

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

Plaintiffs must actually intend to use services for website accessibility claims

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

California moves to restrict the use of short-form Prop 65 warnings

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed rulemaking significantly limiting the use of the short-form warning as a safe harbor. The proposed regulation makes the following changes: Limiting the use of the short-form warning to products with 5 square inches or less of label … Continue reading

Coffee roasters and retailers defeat Proposition 65 lawsuit

We previously wrote about a regulation issued last year by the California Office of Environmental Health Hazard Assessment (OEHHA) exempting chemicals in coffee from Proposition 65’s warning requirement.  The question then was what effect the new regulation would have on the long-pending industry-wide enforcement action brought by the Council for Education and Research on Toxics … Continue reading

Federal court says Prop 65 warnings for glyphosate violate the First Amendment

On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate, the active ingredient in the herbicide Roundup®. The decision was not based on whether glyphosate had been improperly listed under Prop 65, … Continue reading

CCPA enforcement trends–what we are seeing

Despite limitations on private rights of action within the California Consumer Privacy Act, many were concerned that the plaintiffs’ bar would find creative ways to skirt CCPA’s boundaries. Four months into CCPA enforcement, those concerns have been borne out. We are seeing three worrisome enforcement trends: Expanding the CCPA’s private right of action; Cloaking a … Continue reading

Court tosses consumer class action based on alleged Prop 65 violation

As a California appellate court once stated, and many businesses find out to their dismay, Proposition 65’s enforcement procedures make “the instigation of Proposition 65 litigation easy—and almost absurdly easy at the pleading stage and pretrial stages.” Consumer Defense Group v. Rental Housing Industry Members, 137 Cal. App. 4th 1185, 1215 (2006). A recent ruling … Continue reading

While more states issue reopening plans, other states extend closure

In a sign of the dramatically uncertain nature of next steps, more states have issued orders to partially reopen their economies, while others have extended closure orders that were set to expire at the end of the month. Reopening Alaska, Colorado, Georgia, Minnesota, Mississippi, Montana, Oklahoma, South Carolina, Tennessee, and Vermont all have taken the … Continue reading

Plans for reopening begin at state, federal level

State coalitions forming In an effort to plan for reopening their economies, several states have announced regional collaboration efforts. This includes New York and six other Northeastern states, and California, Oregon, and Washington in the west. Earlier this week, California Governor Gavin Newsom outlined a framework to reopen the western economies, predicated on six key indicators:… Continue reading

Los Angeles orders workers and customers to wear face coverings

We are continuing to track state and local restrictions, updated daily, here. In a sign of things that may be coming nationally, Los Angeles Mayor Eric Garcetti has issued an “emergency order” requiring employees of “Essential Businesses” to wear face coverings. The order also requires customers visiting such businesses to wear face coverings, at the … Continue reading

“Stay at Home” and “Shelter in Place” restrictions grow; updated business restrictions table

We continue to update our list of state and local business restrictions and limitations as quickly as we can given the rapidly changing landscape. As of Friday night, “Stay at Home” and “Shelter in Place” orders continue to proliferate, as Connecticut and Illinois have joined California and New York. In general, under these orders, the … Continue reading
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