On July 14, 2026, the US District Court for the Southern District of California preliminarily enjoined California Attorney General Rob Bonta from enforcing California Senate Bill 343, California’s Truth in Recycling law. The court concluded that the plaintiffs are likely
Jeff Margulies (US)
Senate confirmations restore a quorum at CPSC
On August 7, 2026, the US Senate confirmed the nominations of Brien Lorenze and Karen Sessions to the US Consumer Product Safety Commission (CPSC), restoring a quorum at CPSC. Congress established CPSC as an independent agency within the executive branch…
California SB 690: A new hope for CIPA litigation overload?
California Senate Bill 690 (SB 690) has just cleared a major hurdle, sailing through the State Senate with unanimous support. This closely watched bill aims to curb the proliferation of lawsuits under the California Invasion of Privacy Act (CIPA) by…
Gauging the impact of the firing of CPSC commissioners
On May 8, 2025, President Donald Trump removed all three Democratic commissioners from the US Consumer Product Safety Commission (CPSC), dramatically reshaping the agency’s leadership. Those dismissed commissions are Richard L. Trumka Jr., Mary Boyle and former CPSC Chairman…
The first Prop 65 notice for BPS has been issued – what you need to know
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
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…
