Topic: Recent legislation and regulations

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The mysterious world of green chemistry: TSCA reform

The Toxic Substances Control Act and resulting regulations are the federal regulatory structure for chemicals management. TSCA (tah-ska) authorizes the US EPA to review and regulate chemicals. For many existing chemicals, TSCA requires manufacturers to work with EPA to fill in data gaps on risk, and new chemicals must undergo pre-market screening. If EPA determines a … Continue reading

The mysterious world of green chemistry: a miniseries

Among the many consumer product buzzwords, green chemistry may be on top of the pile. Depending upon your job, industry, or viewpoint, it also may have a variety of meanings, triggering still other buzzwords — alternatives assessment; restricted substances list; chemicals of concern; life cycle assessment. In the same vein as our California Proposition 65 miniseries, we here at … Continue reading

New REACH guidance on substances in articles

ECHA has recently issued revised guidance on substances in articles under REACH. The guidance follows a September 2015 ruling from the European Court of Justice that invalidated ECHA’s prior interpretation – effectively turning this aspect of REACH compliance on its head. The REACH Regulation The REACH Regulation addresses the production and use of chemical substances … Continue reading

The mysterious world of green chemistry: A miniseries

Among the many consumer product buzzwords, green chemistry may be on top of the pile. Depending upon your job, industry, or viewpoint, it also may have a variety of meanings, triggering still other buzzwords — alternatives assessment; restricted substances list; chemicals of concern; life cycle assessment. In the same vein as our California Proposition 65 miniseries, we here at … Continue reading

New California consumer products legislation

Last week marked the last chance for California Governor Jerry Brown to sign or veto legislation the California Legislature passed this year. The legislation goes into effect January 1, 2016. Although it was a quiet year for consumer products, several of the new laws are significant. Here is a rundown of relevant bills Governor Brown signed: AB … Continue reading

President Obama signs new online warranty law

President Obama has signed the E-Warranty Act of 2015 (PL 114-51).  The new law amends the federal Magnuson-Moss Warranty Improvements Act (15 USC § 2302(b)) by permitting (not requiring) consumer product warranties to be made available online.  If a consumer product manufacturer elects to make product warranties available online, the manufacturer will be subject to … Continue reading

Jerry Brown signs new California “Made in USA” law

Yesterday, California’s Governor Brown signed SB 633 into law.  The new law exempts certain merchandise from the prohibition that merchandise being sold in California cannot be labeled with “Made in the USA” or similar words when the merchandise or any component has been entirely or substantially made outside of the United States. Made in the … Continue reading

ARB starts 2013 consumer products survey enforcement roundup, launches 2014 portal

Recap on 2013 reporting and enforcement ARB reported registrations for 1,400 Responsible Parties and 700 formulators registering.  Of those, 1,300 have reported completion of the survey. ARB has published a summary of the 2013 data, which includes listing the Responsible Parties that reported. ARB has started sending letters to those who registered, but did not complete the … Continue reading

UPDATE: Bill to amend California’s “Made in USA” law gets one step closer to becoming law

Following up on our recent post about two bills pending in the California legislature that would amend California’s “Made in USA” law—yesterday the Assembly passed SB 633.  Next, SB 633 will be sent back to the Senate for a concurrence vote, and assuming the Senate approves, the bill would then go on to the Governor’s … Continue reading

Changes coming to California’s “Made in USA” law?

California’s “Made in the USA” law imposes strict standards on when products may be labeled “Made in the USA.”  This strict standard has resulted in recent litigation against companies whose products allegedly contain some (albeit relatively minor) foreign components.  But, the Legislature is seeking to amend the law to loosen this standard with two pending … Continue reading

Now that you have done the survey, don’t forget the VOC limits….

With the data demands of the California Air Resources Board Consumer Products Survey, it can be easy to miss the forest for the trees. The real concern if you are a manufacturer, importer, or private labeler of consumer products sold in California should be the underlying ARB Consumer Products Regulation. VOC limits The ARB Consumer Products Regulation establishes … Continue reading

Just when you thought you were out…2014 consumer products survey launches July 1

For many of you, responding to the 2013 California Air Resources Board consumer products survey was a real challenge. Unfortunately, the Board doesn’t plan to give you much time to recover from the trauma. The 2014 survey data entry period begins on July 1, with all data due by November 1. Responsible Parties will have … Continue reading

California seeks to expand flammability labeling law to children’s products

California recently required labeling on upholstered furniture to identify whether it contains flame retardant chemicals. Now the Legislature is seeking to expand that requirement to certain children’s products. Earlier this month, the Senate approved SB 763, which would require labeling on a variety of upholstered (stuffed or filled) products intended for infants and children under … Continue reading

DOJ issues compliance guidance on CA human trafficking law

Following up on our recent update, the California Department of Justice has started issuing notifications to California businesses stating that they are subject to the requirements of the Transparency in Supply Chains Act of 2010 (SB 657). DOJ has also issued a long-awaited guidance document explaining its interpretation of the Act’s requirements. Compliance letters The … Continue reading

CA DOJ to issue guidance for compliance with human trafficking law

Since the effective date of California’s Transparency in Supply Chains Act in 2012, many companies have struggled with understanding what constitutes compliance. The law went into effect with no guidance from the California Department of Justice, which is tasked with enforcement. However, the DOJ intends to issue a guidance document on compliance in the coming … Continue reading

Update: ARB issues extension procedure for Consumer Products Survey

Recognizing the heavy lift involved in responding to the 2013 Consumer Products Survey, today the California Air Resources Board published procedures for obtaining extensions of the March 2, 2015 deadline. Formulators As a matter of course, formulator response dates are extended to April 1, 2015. Responsible Parties Responsible Parties, however, will need to provide a … Continue reading

Delaware expects retailers with unclaimed gift card balances to pay up

Gift card statutes governing expiration dates and inactivity fees already pose cumbersome regulations for retailers. But gift card sellers should be wary of another source of regulation: state escheatment laws. In the ongoing case State of Delaware ex rel. French v. Card Compliant, LLC, et al., Delaware asserts that unclaimed gift card balances belong to … Continue reading

Quick update: CA Consumer Product Emissions Survey Portal opens

The data submission portal for the California Air Resources Board Consumer Products Survey is now open. In connection with the portal opening, ARB has posted a number of helpful video modules that walk through the submission process. The Board has also posted an FAQ containing a compilation of the questions. The modules cover: setup information … Continue reading

FDA calorie and nutrition labels foreshadow possible global standards

The US Food and Drug Administration finalized its rules requiring the listing of calorie information on menus and menu boards of certain food sellers. The rules apply to chains with at least 20 units operating under the same name (irrespective of the ownership structure) and vending machines with at least 20 locations. The new rules … Continue reading

Countdown begins on the California Consumer Product Emissions Survey

We are just two short weeks away from the opening of data submission for the California Air Resources Board Consumer Products Survey. Although the survey formally launched in September, ARB has continued to work on its submission tool and providing guidance to industry on compliance in order to begin accepting survey data once the ball … Continue reading

Gift card regulations pose daunting compliance challenges

Gift cards are a mainstay of retail sales, especially during the holidays when frantic shoppers are looking for easy, last-minute gift solutions. Retailers often benefit from regulating gift certificates and gift cards by adding expiration dates and dormancy fees. But in many states, these practices can run afoul of consumer protection statutes. Restrictions on gift … Continue reading
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