Tag archives: Consumer products

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 3 emissions disclosure requirements, and only requiring disclosure of “material” information. Please read a detailed … Continue reading

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 accepted for recycling and actually recycled is often dependent on geographic location. In other words, … Continue reading

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 both attempts to change the regulations were ultimately unsuccessful. On October 27, OEHHA announced a … Continue reading

California District Court grants preliminary injunction barring Prop 65 acrylamide lawsuits

Prop 65 claims for alleged exposure to acrylamide in food are all too common. In the first three months of 2021 alone there have been 109 acrylamide notices issued. Acrylamide is not a chemical that is intentionally added to food, but rather forms in many types of foods when cooked at high temperatures, including chips, … Continue reading

FTC and presumption of consumer reliance

Question:  What’s the difference between $600,000 and $14 million in a contempt action?  Answer:  Presumption of consumer reliance, according to the Second Circuit Court of Appeals in Federal Trade Commission v. BlueHippo Funding, LLC. The case began in 2003, when BlueHippo first began marketing computers and electronic products to consumers regardless of their credit history.  … Continue reading
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