UPDATE: business restrictions and limitations

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 Tuesday, March 24 at 9 AM PDT for a webinar to discuss updates on these state and local activities, with a focus on the orders issued in California, New York, Illinois, and Texas, as well as our insights into interpreting these orders and the … Continue Reading

“Stay at Home” and “Shelter in Place” restrictions grow; updated business restrictions table

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 public is required to stay at home except for essential activities, and all “non-essential” business must cease public or in-person operations. Remote working is permitted.

“Essential” businesses are set forth in detail in each order, but they largely seek to encompass the business sectors set … Continue Reading

UPDATED: Coronavirus restrictions and limitations

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!

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Coronavirus business restrictions and limitations

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 we learn of new requirements, but we caution that this list should only be considered a starting point. Many of the state and local requirements have exceptions (e.g., for “essential” vs. “non-essential” businesses) that require a closer look, and the states and localities with requirements … Continue Reading

What to expect from CPSC (at least for a little while)

Today at the International Consumer Product Health & Safety Organization annual meeting, U.S. Consumer Product Safety Commission Acting Chairman Bob Adler delivered the keynote address. Adler provided some insight into his priorities for the Commission for the foreseeable future, recognizing that he is currently the Acting Chairman and a Democrat—with the presidential election coming in November, it is unclear how much longer he will be in this role. Overall, he intends to focus on providing stability to the Commission for however long he is the Acting Chairman. Beyond this,  here is a rundown of his comments and his specific … Continue Reading

Class actions against CBD companies proliferate under federal and state law

On the heels of FDA sending out a tranche of warning letters to sellers of cannabidiol (CBD) products, enterprising plaintiffs lawyers have filed a spate of consumer class actions over these types of products. The complaints put forth a number of different theories tied to the current illegality of these products due to FDA regulation. These include allegations that companies:

  • misled consumers by marketing their products as dietary supplements,
  • inaccurately listed CBD dosages or product content; and
  • made unsubstantiated claims about CBD’s ability to treat, prevent, or cure human disease.

Is it worth the risk?

Hemp-derived CBD was legalized in … Continue Reading

The mysterious world of Prop 65 reloaded, part 5: the notice

Editor’s Note: Since our original post, there have been two significant changes:

  • In 2017, the California Legislature amended the certificate of merit requirements. The amendments require the Attorney General to notify a private enforcer and the alleged violator if the AG finds no merit to an action.  The amendments also make the basis for the certificate of merit discoverable in litigation (to the extent not otherwise privileged).
  • The 2016 revised warning regulation created the “five business day exemption” for retailers. The five business day period is triggered by “actual knowledge,” which presumably is established by the 60-day
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California selects nail products containing MMA for Priority Product list

California’s Department of Toxic Substances Control (DTSC) has proposed listing nail products containing methyl methacrylate (MMA) as its latest Priority Product under its Safer Consumer Products regulation.

DTSC has gone after nail products before–nail products with toluene are already a proposed Priority Product awaiting adoption by the California Legislature.  

If the newest proposal is adopted, responsible parties will need to remove impacted products from sale in California or undertake an alternatives analysis in order to continue selling in California.

The California Safer Products Regulation

As a refresher, the Safer Consumer Products regulation restricts the use of certain chemicals … Continue Reading

California modifies Prop 65 warning regulations

The California Office of Environmental Health Hazard Assessment (OEHHA) has adopted amendments to its 2016 Proposition 65 warning regulations. These amendments address issues that arose regarding how manufacturers and distributors communicate with retailers and other downstream businesses about the need to provide warnings. The amendments also revise the definition of the “actual knowledge” that creates a duty to warn for retailers in certain circumstances under the warning regulations. The changes become effective on April 1, 2o20.

The 2016 amended warning regulation

In August 2016, OEHHA adopted a regulatory package that made sweeping changes to Prop 65’s warnings regulations (mandatory … Continue Reading

New York follows Illinois with new lead-content warning requirement for children’s jewelry

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 jewelry with lead content greater than 0.004% (40 parts per million [ppm]) but less than 0.01% (100 ppm)* unless it contains a label with the warning language listed below

The bill’s text argues that “stringent controls on the amount of lead … Continue Reading

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