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Category Archives: Distributors

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Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List

Posted in Distributors, Food and Beverage, Prop 65, State Consumer Protection Laws, State Regulations

Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”) exposures from canned and bottled foods and beverages. This emergency rulemaking came only three weeks before California’s Safe Drinking Water and Toxic Enforcement Act… Continue Reading

A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA

Posted in Distributors, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Retailer Product Safety, Supply Chain Risk Management

Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA). The final Sanitary Transportation of Human and Animal Food Rule will affect shippers, loaders, carriers, and receivers of food transported by rail or motor vehicle in the… Continue Reading

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, CPSC Product Recals, Distributors, Litigation, Supply Chain Risk Management, Voluntary Recalls

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets.  In the latest chapter of the magnets saga, a federal court in Colorado has permanently enjoined Zen Magnets (Zen) from selling magnets purchased… Continue Reading

Health Canada Assesses Monetary Penalties against Company under Canadian Product Safety Act for First Time

Posted in Distributors

On March 11, Health Canada announced that it had assessed administrative monetary penalties under the Canada Consumer Product Safety Act (CCPSA) against company Orange TKO Industries (Orange TKO or the Company) of Calgary.  According to Health Canada’s press release, Orange TKO failed to comply with an order of the Minister of Health to recall an… Continue Reading

California Appellate Court Takes on Proposition 65 Warning Triggers

Posted in Children's Products, Distributors, Food and Beverage, Litigation, Manufacturer Product Safety, Product Liability, Prop 65, Retailer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65, have been the work of the California Legislature.  (See A Sane Tweak To Proposition 65 and California Reenters the GMO Food Labeling Arena – This Time Through The Legislature).  This past week, however, the California Appellate Court for the… Continue Reading

Update: Syngenta Litigation Regarding GMO Corn

Posted in Distributors, Food and Beverage, Importer Safety, Litigation, Supply Chain Risk Management

In a recent post, we detailed lawsuits filed by corn exporters, farmers, and other stakeholders against Syngenta Corp. regarding its marketing of corn which contains genetically modified (“GMO”) traits that have not been approved for export to countries such as China.  On December 11, 2014, the Judicial Panel on Multidistrict Litigation agreed to consolidate multiple… Continue Reading

Battle of the Experts Still Brewin’ in Starbucks Trial

Posted in CPSC Enforcement Actions, Distributors, Federal Regulations, Food and Beverage, Importer Safety, Private Labeler Product Safety, Prop 65, Retailer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California voters in 1986 as Proposition 65, by failing to warn consumers about carcinogens in their products as required under the act.  In July 2013, Los… Continue Reading

Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

Posted in Consumer Product Safety, Distributors, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Litigation, Manufacturer Product Safety, State Product Safety Laws, State Regulations, U.S. Congress

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level.  This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county level.

California Supreme Court Considers Component Parts Doctrine

Posted in Consumer Product Safety, Distributors, Litigation, Manufacturer Product Safety, Product Liability, State Consumer Protection Laws, State Product Safety Laws

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine.  The component parts doctrine stands for the proposition that a company that manufactures component parts cannot be sued under a strict liability theory for… Continue Reading

Grocery Manufacturers File Suit Against Vermont Over GMO Law

Posted in Consumer Product Safety, Distributors, Manufacturer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO.  On May 8, 2014, Vermont enacted the final version of this bill, now Act 120, which requires manufacturers to make these changes by July 1,… Continue Reading

Update: Vermont Legislature Passes Toxic Chemicals Bill

Posted in Children's Products, Consumer Product Safety, Distributors, Manufacturer Product Safety, State Product Safety Laws, State Regulations

Last month, we wrote about the toxic chemicals legislation bouncing between the Vermont House and Senate (click here for our prior post).  On May 9, 2014, the Vermont Legislature gave final approval to the bill, S.239, which gives the Vermont Department of Health the authority to require manufacturers to report, label, and remove chemicals it… Continue Reading

New CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, CPSC Product Recalls, Distributors, Federal Regulations, Importer Safety, Manufacturer Product Safety, Retailer Product Safety, Voluntary Recalls

Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been legally binding on the company conducting the recall. At the November 13, 2013 meeting of the CPSC, Vice-Chairman (and soon to be Acting Chairman) Bob… Continue Reading

California’s Green Chemistry Puts Burden on Manufacturers

Posted in Consumer Product Safety, Distributors, Importer Safety, Manufacturer Product Safety, Retailer Product Safety, State Regulations

California is one of the largest consumer markets in the United States.   When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and retailers to inadvertently run afoul of California’s comprehensive environmental regulations.  Those regulations just got a little more comprehensive. On October… Continue Reading

The Weakest Link — Why Those Boilerplate Contract Clauses Matter

Posted in CPSC Product Recalls, Distributors, Manufacturer Product Safety, Supply Chain Risk Management

Contract clauses impacting risk assumption and risk transfer which are integral to the capturing of recall costs are often relegated to the “boiler plate” section of many Supply Agreements or are preprinted on the reverse side of POs that are often not sent by PDF or fax. Additionally, a 2011 Ernst & Young survey on… Continue Reading