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CARB will not enforce against “good faith” greenhouse gas emissions reporting efforts in 2026

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By Will Troutman (US) & Alina Gatto (US) on January 13, 2025

The California Air Resources Board (CARB) announced on December 5th that it will not pursue enforcement action in the first year of reporting for California’s SB 253, the “Climate Corporate Data Accountability Act.” The law requires entities doing business…

Navigating the complex landscape of false labeling litigation in the Ninth Circuit

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By Jeff Margulies (US) & Alexandra Perez (US) on November 19, 2024

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…

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FDA and AAFCO end their Memorandum of Understanding (MOU)

Photo of S. Jamal Faleel (US)Photo of Will Troutman (US)Photo of Andy Crowder (US)Photo of Mark Faccenda (US)Photo of Lauren Shoor (US)
By S. Jamal Faleel (US), Will Troutman (US), Andy Crowder (US), Mark Faccenda (US) & Lauren Shoor (US) on August 30, 2024

Big changes are on the horizon for the pet food industry! The FDA and AAFCO have just ended their Memorandum of Understanding (MOU), and this shift could significantly impact businesses. This new development will affect regulatory oversight and compliance practices…

California 2023 legislative session roundup

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By Jeff Margulies (US), Will Troutman (US), Ray Muro (US) & Lauren Shoor (US) on January 17, 2024

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 enacts trio of ESG laws impacting public and private companies

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By Will Troutman (US) on November 22, 2023

The recent California legislative session saw the enactment of three pieces of climate legislation that are expected to have a significant impact on companies doing business in California, whether public or private.

Senate Bill 253: The Climate Corporate Data Accountability

…

California AG issues guidance regarding enforcement of PFAS ban in food packaging and cookware

Photo of Jeff Margulies (US)Photo of Will Troutman (US)Photo of Meg K. Tierney (US)
By Jeff Margulies (US), Will Troutman (US) & Meg K. Tierney (US) on November 19, 2023

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…

Uyghur Forced Labor Prevention Act enforcement strategy released

Photo of Jeff Margulies (US)Photo of Will Troutman (US)Photo of Phil Di Tullio (US)
By Jeff Margulies (US), Will Troutman (US) & Phil Di Tullio (US) on June 17, 2022

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…

US lamp saga continues with onset of 45 lpw rule

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By Will Troutman (US) & Ray Muro (US) on May 23, 2022

In a fitting continuation of the battle for light bulbs, the US Department of Energy recently finalized rules prohibiting the sale of most general use lamps with an efficiency rating of less than 45 lumens per watt (lpw)(for anyone new…

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

Photo of Jeff Margulies (US)Photo of Will Troutman (US)Photo of Lauren Shoor (US)
By Jeff Margulies (US), Will Troutman (US) & Lauren Shoor (US) on January 3, 2022

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…

California flammability standard for upholstered furniture goes national

Photo of Will Troutman (US)Photo of Eva Yang (US)
By Will Troutman (US) & Eva Yang (US) on January 15, 2021

On December 21, 2020, Congress passed The Safer Occupancy Furniture Flammability Act (SOFFA), which was presented alongside other legislation in a $1.4 trillion COVID relief omnibus bill. SOFFA requires the adoption of California’s TB 117-2013 as a federal flammability standard…

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