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Mitigating advertising risks during the COVID-19 crisis

During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false … Continue reading

Federal and state authorities warn against price gouging

In the wake of the coronavirus, some sellers of essential goods and services have tried to greatly increase the cost of their products to take advantage of increased demand. But sellers beware: Public officials all over the country have expressed a willingness to prosecute price gougers and companies that may facilitate sales of goods with inflated … Continue reading

UPDATE: business restrictions and limitations

To say the least, it was a tumultuous weekend. We have updated our coronavirus business restrictions and limitations table, including our first “Hunker Down” order. We anticipate rapid and frequent changes over the next several days, and we will do our best to keep up-to-date. We also would love for you to join us this … 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

UPDATED: Coronavirus restrictions and limitations

We have just finished a big update of our ongoing coronavirus tracker, which includes California’s stunning “Stay-at-Home” order just issued this evening. We will continue to monitor state and local restrictions nationwide, incorporating them each day. Stay safe and healthy! Consider a Friday “Quarantini” and a virtual Happy Hour!… Continue reading

Coronavirus business restrictions and limitations

Please visit our new State and Local Restrictions webpage for updated information: https://www.nortonrosefulbright.com/en/knowledge/publications/52aa88af/covid-19-and-us-response-a-state-by-state-overview. In light of the growing number of state and local restrictions and limitations, we thought it would be helpful to publish an informal list of mandates as we become aware of them. We will do our best to update the list as … Continue reading

New York follows Illinois with new lead-content warning requirement for children’s jewelry

In the final week of 2019, New York governor Andrew Cuomo signed into law Assembly Bill A6041 (S4046) to regulate children’s jewelry that contains specified levels of lead. The new law, which will take effect January 1, 2021 (without a “manufactured by” or sell-through date), prohibits the offer for sale or sale in the state of children’s … Continue reading

Braille on gift cards: ADA accessibility issue or novel shakedown?

As retailers and restaurants are well aware, the proliferation of website accessibility claims filed by serial plaintiffs’ counsel is not slowing down. But now a new wave of lawsuits—Braille on gift cards—is flooding the New York federal courts. Recent cases Starting in October 2019, a handful of plaintiff’s counsel have filed more than 200 putative … Continue reading

Furniture tip-over remains in flux

A brief internet search shows that unambiguously, industry, regulators, and NGOs all agree that furniture tip-over is a priority in the consumer markets sector. However, there is little agreement on the best approach. Over the last year alone, we have seen the U.S. Consumer Product Commission announce that the Commission deems “clothing storage units” that do not meet ASTM F2057-17 … Continue reading

TARIFFS! Exclusion process for Section 301 tariffs is now available for List 3 products

Unsurprisingly, tariff issues are becoming more and more prevalent for consumer products manufacturers, distributors, and retailers. In a positive turn, List 3 products are now eligible for exclusions from the significant Section 301 (China) tariffs. Check out this summary and analysis of the process from our international trade colleagues.  … Continue reading

Webinar: What do you mean I’m shipping hazmat?

I’m delighted to announce that Norton Rose Fulbright will be hosting a webinar on May 30 at noon CDT with an absolute HazMat pro, Jim Shimko of Labelmaster. Each day, U.S. businesses transport over one million HazMat shipments, and every one of them is subject to federal standards. Chances are, your company is shipping HazMat … Continue reading

Will new House majority lead to a federal supply chain transparency law?

Privately, companies have long self-regulated supply chains to prevent human trafficking, forced labor, and child exploitation. Meanwhile, governmental efforts have lagged in the public sphere. But the past few years have shown a marked change. California, the United Kingdom, France, and Australia have enacted legislation requiring companies to publicly disclose the steps they are taking … Continue reading

California adopts GDPR-like data privacy law

On June 28, 2018, the California legislature enacted the California Consumer Privacy Act of 2018 (the “CCPA”) a sweeping, GDPR-like privacy law that is likely to apply to most retailers that operate in California. It includes disclosure requirements, consumer access rights, opt-out rights, and deletion rights. The new law is set to take effect on … Continue reading

New security requirements issued for credit card payments on mobile devices

Check out this new post from my colleague, Sue Ross, covering new standards for mobile device credit card payments, including at retail stores. The Payment Card Industry (PCI) Security Standards Council recently announced the new standards, which apply to PIN entry transactions on smartphones and tablets used at point-of-sale. The post is published in Norton … Continue reading

New Jersey passes new drivers license swipe law

In enacting the Personal Information and Privacy Protection Act (S-1913), New Jersey joins a growing minority of states with so-called “swipe laws.” New Jersey’s law generally aligns with swipe laws in the approximately one-third of other states with such laws, limiting the purposes and type of information a retailer may scan and retain from identification … Continue reading

2017 marks first year all companies must provide UK Modern Slavery Act disclosure

2017 marks the first year when all companies covered by the UK Modern Slavery Act 2015 must publish a statement. Under section 54 of the Act – which is similar to the California Transparency in Supply Chains Act – commercial organizations that do business in the UK and have a global turnover of at least £36 million in … Continue reading

California Court of Appeal refuses to honor jury trial waiver

In today’s business world, companies frequently enter into contractual provisions with their customers to limit jury trial exposure as part of managing future risks. However, if you think that agreeing that any dispute can be resolved without a jury trial is enough to insulate you and your business from this threat – THINK AGAIN. Just … Continue reading
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