Topic: Recent legislation and regulations

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Drone requirements continue to evolve

By Will Troutman (US) and Andy Guo (US) on November 30, 2016 Posted in Recent legislation and regulations

Back in 2015, the FAA promulgated various rules and regulations regarding the use of drones, which included a requirement to register all such aircraft. The FAA has subsequently finalized its rule for Small Unmanned Aircraft Systems, which took effect on August 29, 2016. The new rule offers safety regulations and limitations for unmanned drones weighing … 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

UPDATE: President Obama signs TSCA reform bill into law

By Will Troutman (US) and Andy Guo (US) on June 23, 2016 Posted in Green chemistry, Recent legislation and regulations

Updating our prior post, President Obama has signed the TSCA reform bill into law. We will continue to provide updates as expectations for implementation develop.… Continue reading

Congress passes TSCA reform bill – no relief from Prop 65

By Will Troutman (US) and Andy Guo (US) on June 14, 2016 Posted in Green chemistry, Recent legislation and regulations

After decades of stalled efforts, the House and Senate have both passed TSCA reform legislation. The bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576), is the result of extensive negotiations between the House and Senate to reconcile differences between competing TSCA reform bills in both houses. We expect the … Continue reading

FTC aims to modernize warranty requirements

By Will Troutman (US) on May 25, 2016 Posted in Federal Trade Commission, Recent legislation and regulations

The FTC has recently proposed amendments to the Disclosure Rule and Pre-Sale Availability Rule it issued under the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products. These amendments come in response to the E-Warranty Act of 2015, which President Obama signed into law in September 2015. Click through to the full discussion that my colleagues, … Continue reading

WARNING: OEHHA announces proposed regulations and a safe harbor level for BPA

By Jeff Margulies (US), Will Troutman (US) and Andy Guo (US) on March 18, 2016 Posted in California Proposition 65, Recent legislation and regulations

After several false starts, Proposition 65 warnings will be required for exposures to bisphenol A (BPA) starting on May 11, 2016. Because of tremendous uncertainty regarding the amount of BPA exposure that will require a warning, as well as the ubiquitous nature of the chemical, on March 17, 2016, California’s Office of Environmental Health Hazard … Continue reading

The mysterious world of green chemistry: update on Washington’s lead, cadmium, and phthalates enforcement

By Will Troutman (US) and Joseph Drapalski (US) on March 14, 2016 Posted in Green chemistry, Recent legislation and regulations

Continuing our coverage of the Washington’s Children’s Safe Products Act, the Washington Department of Ecology recently issued guidance clarifying its enforcement policy of the Washington Act’s prohibition on the manufacturing and sale of children’s products containing lead, cadmium, and phthalates. In this guidance, the Department concedes that the federal Consumer Products Safety Improvement Act preempts … Continue reading

Prop 65 exposure level set for DINP

By Will Troutman (US) on February 24, 2016 Posted in California Proposition 65, Recent legislation and regulations

Updating an issue we have been tracking, the California Office of Environmental Health Hazard Assessment finalized the No Significant Risk Level for DINP of 146 µg/day. The NSRL will got into effect April 1, 2016. Once in effect, this will be the level of exposure at which a warning is required for DINP. This will … Continue reading

The mysterious world of green chemistry: Washington’s 180 on cadmium and phthalates

By Will Troutman (US) and Andy Guo (US) on February 11, 2016 Posted in Green chemistry, Recent legislation and regulations

In our previous post on Washington’s Children’s Safe Products Act, we focused on the Act’s reporting requirement. But the Act also contains provisions prohibiting the sale of children’s products containing certain chemicals above the following limits: Lead: 90 parts per million (ppm) Cadmium: 40 ppm; and Phthalates in children’s products in excess of 1,000 ppm … Continue reading

The mysterious world of green chemistry: Washington’s green chemistry law

By Will Troutman (US) and Joseph Drapalski (US) on February 4, 2016 Posted in Green chemistry, Recent legislation and regulations

This week we turn from federal law to the patchwork of state laws that cropped up due to TSCA’s failures. First up is Washington’s green chemistry law: the Children’s Safe Products Act. The CSPA requires manufacturers of children’s products sold in Washington to file a report with the state if their product contains certain chemicals. … Continue reading

The mysterious world of green chemistry: TSCA reform

By Will Troutman (US) on January 29, 2016 Posted in Green chemistry, Recent legislation and regulations

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

By Will Troutman (US) and Joseph Drapalski (US) on January 29, 2016 Posted in Green chemistry, Recent legislation and regulations

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

By Will Troutman (US) on January 7, 2016 Posted in Recent consumer products case law, Recent legislation and regulations

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

By Will Troutman (US) and Joseph Drapalski (US) on November 11, 2015 Posted in Green chemistry, Recent legislation and regulations

UK Modern Slavery Act now in effect

By Will Troutman (US) on November 2, 2015 Posted in Recent legislation and regulations

California isn’t the only jurisdiction that requires a disclosure about efforts a company has taken to eradicate slavery and human trafficking in its supply chain. Late last week, the UK Modern Slavery Act of 2015 went into effect. Check out this briefing on the Act to find out whether, and how, the Act will impact your … Continue reading

New California consumer products legislation

By Will Troutman (US) on October 20, 2015 Posted in Recent legislation and regulations

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

By Susan Ross (US) on September 30, 2015 Posted in Federal Trade Commission, Recent legislation and regulations

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

By Lauren Shoor (US) on September 2, 2015 Posted in Recent legislation and regulations

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

By Will Troutman (US) on September 2, 2015 Posted in Recent legislation and regulations

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

Transaction declined: are you ready for credit card chips?

By Susan Ross (US) on August 20, 2015 Posted in Recent legislation and regulations

By October 1, 2015, many people in the U.S. who use credit cards will likely notice changes when they pay for purchases at retail stores. The reason for the change is the “EMV liability shift” scheduled to occur on October 1 (EMV is an acronym for EuroPay, MasterCard, and Visa). As we had previously described, … Continue reading

UPDATE: Bill to Amend California’s “Made in USA” Law on to Governor’s Desk

By Lauren Shoor (US) on August 18, 2015 Posted in Recent legislation and regulations

Yesterday, the California Senate voted unanimously to approve amendments made in the Assembly to SB 633. Now, SB 633 will move to Governor Brown for his approval. For more detail, check out our recent posts about pending legislation in California that would amend California’s “Made in the USA” law.… Continue reading

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

By Lauren Shoor (US) on July 17, 2015 Posted in Consumer class actions, Recent consumer products case law, Recent legislation and regulations

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?

By Lauren Shoor (US) on July 16, 2015 Posted in Consumer class actions, Recent legislation and regulations

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….

By Will Troutman (US) on June 26, 2015 Posted in Recent legislation and regulations

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