EPR laws used to be reserved for specialized industries with complex waste disposal issues, such as paint, tires, electronics, batteries and mattresses. But increasing concerns over product life cycle has brought EPR to much broader industry sectors and product areas
FTC votes to ban nearly all noncompete agreements in employment contracts
On April 23, 2024, the Federal Trade Commission voted 3 – 2, adopting a rule banning nearly all noncompete provisions that block workers from switching jobs within an industry, a decision that could possibly impact tens of millions of US…
SEC adopts climate-related disclosure rules
At long last, the Securities and Exchange Commission has finalized its rules regarding disclosures for climate-related risk for public companies. The SEC significantly softened the rules since the last proposal, including phasing in requirements based on company size, dropping Scope…
CalRecycle releases much-anticipated guidance on use of the “chasing arrows” symbol and recyclability claims
The “chasing arrows” symbol has been ubiquitous since its introduction in the late 1980’s. Consumers interpret packaging bearing the symbol as recyclable, but according to CalRecycle, the state agency with authority over recycling and waste management, whether a material is…
California 2023 legislative session roundup
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 again seeks overhaul of Proposition 65 short-form warning
California Office of Environmental Health Hazard Assessment’s (OEHHA) is once again attempting to change the Proposition 65 safe harbor warning regulations. OEHHA has twice before attempted to make changes to the short-form warnings. Each time, industry has pushed back, and…
California enacts trio of ESG laws impacting public and private companies
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
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…
CA court shuts down website accessibility claims for online-only businesses
The California Court of Appeal has issued a precedent-setting decision holding that the ADA does not apply to online-only businesses. The decision brings some much needed clarity for online-only businesses in California, although the federal courts are still split on…