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Environmentally conscious consumers often look for products advertised as “green.” But labeling plastic products as “biodegradable” may land you on the legal compost heap if you can’t meet federal and state regulations governing green marketing. Amazon was just the latest company to find itself in the crosshairs when 23 California district attorneys charged that it violated state law when it marketed and sold products labeled “biodegradable” or “compostable.” Amazon settled the lawsuit for $1.5 million.…
February 26, 2018 – Keller and Heckman LLP is pleased to announce the introduction of its Audit and Inspection Program (AIP) for Tobacco and Vapor Product Manufacturing Establishments. The AIP was developed in response to the Food and Drug Administration’s (FDA) inspection authority under the Food, Drug, and Cosmetic Act (FDCA or the Act), as amended by the Tobacco Control Act, which provides that FDA shall inspect each factory, warehouse, establishment, or vehicle in which…
February 26, 2018 – Keller and Heckman LLP is pleased to announce the introduction of its Audit and Inspection Program (AIP) for Tobacco and Vapor Product Manufacturing Establishments. The AIP was developed in response to the Food and Drug Administration’s (FDA) inspection authority under the Food, Drug, and Cosmetic Act (FDCA or the Act), as amended by the Tobacco Control Act, which provides that FDA shall inspect each factory, warehouse, establishment, or vehicle in which…
February 26, 2018 – Keller and Heckman LLP is pleased to announce the introduction of its Audit and Inspection Program (AIP) for Tobacco and Vapor Product Manufacturing Establishments. The AIP was developed in response to the Food and Drug Administration’s (FDA) inspection authority under the Food, Drug, and Cosmetic Act (FDCA or the Act), as amended by the Tobacco Control Act, which provides that FDA shall inspect each factory, warehouse, establishment, or vehicle in which…
Beyond the Food and Drug Administration (FDA) and Tobacco Control Act requirements that now apply to deemed tobacco products, manufacturers and retailers of vapor products, and particularly e-liquids, also face stringent environmental and waste management regulations and compliance issues that are significantly more complex than those faced by cigarette and traditional tobacco product companies. This dichotomy arises because regulations promulgated pursuant to the federal Resource Conservation and Recovery Act (RCRA) treat nicotine in tobacco-based products…
The California legislature passed the Cleaning Product Right to Know Act 2017 (SB 258) (the CPRTK Act), which was presented to Governor Jerry Brown on September 19, 2017, after the legislative session adjourned on September 15, 2017. Governor Brown now has until October 15, 2017, to sign or veto the bill. The Act requires manufacturers of cleaning products (defined as products “used primarily for commercial, domestic, or institutional cleaning purposes”) to disclose chemical ingredients and…
The U.S. Food and Drug Administration (FDA) finalized its recommendations on September 6, 2017 on how to secure interoperable medical devices’ interactions with other devices and information systems. The FDA’s initial guidance, drafted in January 2016, was designed to help manufacturers develop safe, secure information exchange systems in connected medical devices. The updated guidance incorporates comments received from industry, developers, and the public, and specifically recommends that all manufacturers of electronic medical devices take…
Having previously nominated Acting Chairman Ann Marie Buerkle to serve as the permanent chair, and with Senate Commerce Committee hearings held on her confirmation on September 27, 2017, President Trump has nominated lawyer Dana Baiocco to serve a commissioner on the U.S. Consumer Product Safety Commission (CPSC). Baiocco would serve for a standard 7-year term beginning October 27, 2017. If confirmed, Baiocco would replace Commissioner Marietta Robinson, an Obama appointee whose term expires in October.…
Acting Consumer Product Safety Commission (CPSC) Chair Ann-Marie Buerkle recently released an update regarding CPSC’s current projects, some of which involve stakeholder participation. Mid-Year Adjustments The Commission has approved its FY 2017 Mid-Year Review and Proposed Operations Plan Adjustments. Top priority has been given a project concerning improving the safety of lithium ion batteries. In addition, the Regulatory Robot project, which provides information to the regulated community about CPSC regulations, will be updated and improved. The…
Eleven states, led by New York Attorney General Eric Schneiderman and California Attorney General Xavier Becerra, and including the city of New York, a Pennsylvania regulator, and three nonprofit groups, have jointly filed suit in federal court to sue the Department of Energy (DOE). The lawsuit seeks to compel implementation of new and updated energy efficiency standards for air compressors, commercial boilers, portable air conditioners, power supplies, and walk-in coolers and freezers. The rules subject to the lawsuit were…