Topic: General

Coronavirus business restrictions update and links to orders

By Will Troutman (US) and Jeff Margulies (US) on March 24, 2020 Posted in Coronavirus, General

For those of you have been following our running list of state and local business restrictions here on the blog, we are happy to report that we have been upgraded to a dedicated website. And with our upgrade comes an added feature–links to the state and local orders we are discussing. Please continue to follow us … Continue reading

UPDATE: business restrictions and limitations

By Will Troutman (US) on March 23, 2020 Posted in General

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

By Will Troutman (US) and Jeff Margulies (US) on March 21, 2020 Posted in Coronavirus, General

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

By Will Troutman (US), Andy Guo (US), Eva Yang (US) and Katie Fragoso (US) on March 19, 2020 Posted in Coronavirus, General

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

By Will Troutman (US), Andy Guo (US), Eva Yang (US) and Katie Fragoso (US) on March 17, 2020 Posted in Coronavirus, General

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

By Will Troutman (US), Jeff Margulies (US) and Katie Fragoso (US) on January 13, 2020 Posted in General, Recent legislation and regulations

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?

By Jeff Margulies (US) and Eva Yang (US) on January 7, 2020 Posted in Consumer class actions, General, Recent consumer products case law

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

By Will Troutman (US) and Eva Yang (US) on December 2, 2019 Posted in Consumer Product Safety Commission, General, Recent legislation and regulations

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

By Will Troutman (US) on July 23, 2019 Posted in General

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?

By Will Troutman (US) on May 15, 2019 Posted in General

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

Beyond cosmetics: ARB enforcement of California’s Consumer Products regulation

By Will Troutman (US) on April 10, 2019 Posted in General

We’ve previously published analyses on the California Air Resource Board’s (ARB) case settlements related to cosmetic products, but there are a whole host of other consumer products also subject to ARB enforcement. We thought it would be helpful to provide some insight into these as well.… Continue reading

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

By Will Troutman (US) and Phil Di Tullio (US) on February 15, 2019 Posted in General

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

Cosmetics remain big target for California VOC enforcement

By Will Troutman (US) on January 30, 2019 Posted in General

A recent look-back at California Air Resource Board (CARB) case settlements highlights that cosmetics remain a target for CARB enforcement of its General Consumer Products Regulation.… Continue reading

California adopts GDPR-like data privacy law

By Will Troutman (US) and Spencer Persson (US) on June 29, 2018 Posted in General, Recent legislation and regulations

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

Retailers must upgrade online credit card processing security by June 30

By Susan Ross (US) on June 21, 2018 Posted in General

By June 30, 2018, retailers accepting digital (online) credit card transactions must cease using encryption protocols known as SSL or TLS 1.0. Retailers must transition to TLS 1.1 or higher (such as the popular TLS 1.2) or else lose the ability to accept credit card payments. Note also that Nevada law requires compliance with the … Continue reading

New security requirements issued for credit card payments on mobile devices

By Will Troutman (US) on January 30, 2018 Posted in General

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

By Spencer Persson (US) on August 7, 2017 Posted in General, Recent legislation and regulations

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

By Will Troutman (US), Stuart Neely (UK) and Maria Kennedy (UK) on March 19, 2017 Posted in General

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

By on February 9, 2017 Posted in General, Recent consumer products case law

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

Chicago checkout bag tax set to begin

By Will Troutman (US) and Andy Guo (US) on January 30, 2017 Posted in General, Recent legislation and regulations

For retailers and other companies doing business in the Windy City, the Chicago Checkout Bag Tax Ordinance implements a $0.07 tax on “the retail sale or use” of paper or plastic checkout bags. It goes into effect on February 1, 2017. The new tax accompanies the repeal of the city’s reusable bag ordinance. The tax … Continue reading

EPA publishes formaldehyde in composite wood rule – Dec. 2017 compliance dates

By Will Troutman (US) and Andy Guo (US) on January 15, 2017 Posted in General, Recent legislation and regulations

EPA recently published its final rule restricting formaldehyde emissions from composite wood. The publication now triggers the rule’s effective date (Feb. 10, 2017) and the first compliance dates (December 12, 2017). The rule implements the formaldehyde standards found in Title VI of TSCA. EPA has expressly stated that the rule is “consistent, to the extent EPA deemed appropriate and practical … Continue reading

Clamshell compliance: California’s Rigid Plastic Packaging Container law

By Will Troutman (US) on December 1, 2016 Posted in General, Recent legislation and regulations

California remains on the forefront of sustainability and recycling requirements. A key restriction in California is the Rigid Plastic Packaging Container Law, which targets hard plastic product packaging (namely “clamshells”). The law requires that product manufacturers reduce waste from covered packaging through several methods. The California Department of Resources Recycling and Recovery, referred to as … Continue reading

New PCI requirements for retailers

By Susan Ross (US) on July 11, 2016 Posted in General, Recent legislation and regulations

For retailers that accept credit or debit cards and use service providers, a new version of the PCI Data Security Standards (PCI DSS v3.2) will impose new requirements as of November 1, 2016. The Payment Card Industry (PCI) Security Standards Council issued “clarifications” and “evolving requirements” in the new version. Clarifications are changes to ensure … Continue reading

MRSL: A new standard for chemical management

By Georgina Mawer, Guest Blogger on April 4, 2016 Posted in General, Green chemistry

We are pleased to welcome guest blogger and BLC Leather Technology Centre’s chemical and regulatory advisor, Georgina Mawer, to Consumer Products Law Blog. Georgina focus on product safety assessments, including guidance on chemical testing and analysis, as well as research and delivery of technical contract work. An experienced chemical analyst, her studies focused on forensic science. BLC is … Continue reading