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Category Archives: State Regulations

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With the passage of Proposition 67, the question is “Would you like paper or…paper?”

Posted in Consumer Product Safety, Food and Beverage, State Regulations

On November 8, 2016, California voters approved Proposition 67, the statewide ban on carry-out plastic bags, by 52 percent. At the same time, California voters rejected Proposition 65 by 55 percent–a measure that would have sent the proceeds from sales of paper bags and reusable bags to environmental causes. Main Provisions of Proposition 67 Prohibits most… Continue Reading

California Prop 65: More Unintended Consequences

Posted in Litigation, Prop 65, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations.  Much of the discussions regarding these new regulations have centered on the warning requirements that become effective, after an approximately two-year phase-in period, in August 2018. There were, however, amendments to Prop 65 settlement terms, penalty amounts and… Continue Reading

Hot CPSC Jurisdictional Issues: Does the CPSC Have Regulatory Authority Over Amusement Park Rides and Guns?

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Federal Regulations, State Product Safety Laws, State Regulations, U.S. Congress

In the wake of two tragic amusement park ride accidents in Kansas and Tennessee, and the ongoing political debate in America over gun safety issues, we felt it timely to help answer a question that continues to be asked in the media: does the U.S. Consumer Product Safety Commission (CPSC) have the authority to address… Continue Reading

USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products

Posted in Federal Regulations, Food and Beverage, State Regulations, Supply Chain Risk Management, U.S. Congress

On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar products. In its news release, the agency explained that “USDA recognizes that America’s beet sugar producers have made significant investments in… Continue Reading

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

“GMO” Labeling Food Fight: How Vermont’s Act 120 Is Pressuring An Entire Industry

Posted in Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, State Regulations

On July 1, 2016, Vermont’s Act 120 will require food manufacturers to indicate in the labeling of all products regulated by FDA when the food has been produced with the use of genetic engineering (GE).  Unless Congress acts with unusual swiftness to pass federal legislation regarding GE or “GMO” food labeling that preempts conflicting state or local laws, Vermont’s law will… Continue Reading

Update: Albany County Legislature Amends Controversial Toxic Toys Law

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Litigation, State Consumer Protection Laws, State Product Safety Laws, State Regulations

  Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,” that prohibited the sale of children’s products containing seven chemicals of “high concern” (see previous blog post here). At the time,… Continue Reading

Settlement Looms for “Made in USA” Jeans Suit

Posted in Advertising, Federal Regulations, Federal Trade Commission (FTC), Litigation, Product Class Actions, State Consumer Protection Laws, State Regulations, State Unfair Competition Laws

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution.  On November 30, 2015, the lead plaintiff in Paz v. AG Adriano Goldschmied, Inc. et al. asked the court for preliminary approval of a $4 million settlement between class members and defendants Nordstrom,… Continue Reading

Legislative Action to Remove Microbeads from Personal Care Products Intensifies

Posted in Drugs & Cosmetics, Federal Regulations, Manufacturer Product Safety, State Consumer Protection Laws, State Regulations, U.S. Congress

The International Campaign Against Microbeads in Cosmetics is most likely celebrating this week, following the California State Legislature’s passage of a bill that would prohibit the use of plastic microbeads in personal care products after January 1, 2020.  The bill, AB 888, now heads to Governor Jerry Brown’s desk for his signature.  Although several states already… Continue Reading

California Joins rest of Country in “Made in USA” Rules

Posted in Advertising, Consumer Product Safety, Federal Regulations, Federal Trade Commission (FTC), Manufacturer Product Safety, State Regulations, State Unfair Competition Laws

California, the beacon of individualism and often marching to its own set of rules, has joined the rest of the country as Gov. Jerry Brown has signed SB 633 which revises California’s take on what constitutes “Made in USA”. Up until this week, existing California law prohibited the sale or offering for sale in the… Continue Reading

Toy Safety Regulation Should Be Left To The Federal Government

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Litigation, Product Liability, State Consumer Protection Laws, State Product Safety Laws, State Regulations, U.S. Congress

[This article originally appeared on Law360.com on June 23, 2015.] On June 2, 2015, the Suffolk County Legislature became the latest county legislature in New York to pass a “toxic-free toys” act. About a week later, the New York City Council got in on the action and introduced a similar bill. Since the beginning of… Continue Reading

Albany County’s “Safe Toys” Legislation on Hold Pending Court Proceeding

Posted in Children's Products, Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Litigation, State Product Safety Laws, State Regulations, U.S. Congress

Earlier this year, we wrote about a far-reaching product safety ordinance enacted into law in Albany County, NY (the “County”) entitled “The Toxic Free Toys Act.” At the time, we expressed our concern that numerous issues would arise in the local law’s implementation and enforcement, particularly with respect to those provisions in direct conflict with… Continue Reading

Big Win for Anti-GMO Groups as Federal Judge Upholds Jackson County GMO Ban

Posted in Food and Beverage, Litigation, State Regulations

On Friday, Federal Magistrate Judge Mark D. Clarke partially dismissed a lawsuit brought by commercial alfalfa farmers seeking to overturn a Jackson County ordinance that banned the use of GMO seed stock (“It is a county violation for any person or entity to propagate, cultivate, raise, or grow genetically engineered plants within Jackson County.”).  The farmers claimed… Continue Reading

GMOs at the Ballot Box: the Drama Continues

Posted in Food and Beverage, State Regulations

Joining the rising tide of local GMO legislation, last week voters in Benton County, Oregon defeated the Benton County Local Food System Ordinance, which would have prohibited the cultivation of GMO crops in the county. The proposed legislation follows on the heels of a Jackson County, Oregon GMO Ban, which passed in 2014 and is… 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

A Clean Slate? California Bill Is Latest Attempt to Legislate Labeling Requirements for Cleaning Products

Posted in State Consumer Protection Laws, State Regulations, U.S. Congress

Another potentially meaningful development in legislation affecting consumer products companies: on February 25, a California legislator introduced a bill, AB 708, that would require manufacturers, distributors and retailers to disclose all “chemical” ingredients for designated consumer products “manufactured from chemicals or chemical compounds.” The bill designates a broad swath of consumer goods for disclosure, from cleaning products and floor polishes to… Continue Reading

And the Beat Goes On: NY State Assembly to Vote on GMO Labeling Law

Posted in Food and Beverage, State Regulations

Coming on the heels of the reintroduction of the Genetically Engineered Food Right-to-Know Act, on March 3, 2015, the New York State Assembly Committee on Consumer Affairs and Protection voted 9 to 6, with one abstention, to pass bill A.617, which would require food made with genetically modified organisms (GMOs) to be labeled as such…. Continue Reading

Deja Vu All Over Again: Federal GMO Labeling Legislation Re-Introduced

Posted in Federal Regulations, Food & Drug Administration (FDA), Litigation, State Consumer Protection Laws, State Regulations, U.S. Congress

Last week, Sen. Barbara Boxer of California, Richard Blumenthal of Connecticut, and Rep. Peter DeFazio (D-Ore)–joined by chef-lebrity Tom Colicchio–announced the reintroduction of The Genetically Engineered Food Right-to-Know Act, a federal bill that would mandate the labeling of foods or beverages containing genetically-modified organisms (GMOs).  The bill is Senator Boxer’s second attempt at GMO labeling legislation; in… Continue Reading

Even Further Down the Rabbit Hole: New EU Legislation Adds to GMO Quagmire

Posted in Federal Regulations, Food and Beverage, Litigation, State Regulations

A vote by European Union (EU) lawmakers in mid-January gave individual governments within the 28-nation bloc the authority to decide whether genetically modified organisms (GMOs) can be grown and cultivated within their borders.  The move will give individual member states the ability to prohibit or restrict the cultivation of GMOs within their territory, even if the GMOs… Continue Reading

Albany County, NY Enacts Stringent Children’s Product Safety Law

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

Do local governments, such as town councils and county legislatures, have a role in regulating consumer products that is typically reserved for the federal and state governments?  Apparently, the legislature and executive of Albany County, New York believe that they do. Every so often, local jurisdictions get out in front of federal and state legislators… Continue Reading

Ho Ho Ho GMO! The 2014 GMO Legislation Scorecard

Posted in Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Litigation, State Regulations, U.S. Congress, Uncategorized

This has been a big year for GMO legislation.  In 2014 alone, 25 states have proposed 67 pieces of legislation aimed either at the labeling of products containing GMOs or at the ban of GMO-containing crops.  While this space has strived to keep you up-to-date with the latest news in the war over GMOs, this scorecard… Continue Reading

Vermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill

Posted in Advertising, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, State Consumer Protection Laws, State Regulations, U.S. Congress

As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed the Safe and Accurate Food Labeling Act (H.R. 4432), this bill would give FDA exclusive authority to regulate the labeling of… Continue Reading

November Elections Impact the Food & Beverage Industry (Part 1)

Posted in CPSC Civil Penalties, Food & Drug Administration (FDA), Food and Beverage, Litigation, Manufacturer Product Safety, State Regulations, Uncategorized

Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday.  Colorado voters rejected Proposition 105, with nearly 70% of voters saying no; while Oregon voters rejected Measure 92, with only 50.9% against the initiative, and 49.1% in favor of it.  As we have blogged… 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