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,
Consumer products law blog
Understanding the legal challenges and implications surrounding consumer product law
The Consumer Products Law Blog, published by Norton Rose Fulbright, focuses on legal developments affecting consumer products regulation and compliance. It covers topics such as product safety enforcement, regulatory agency leadership changes, chemical substance regulations including Proposition 65 and bisphenol compounds, pet food labeling standards, and privacy litigation related to consumer products. The blog also addresses litigation trends, legislative updates, and regulatory challenges impacting manufacturers, retailers, and other stakeholders in the consumer products sector.
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FDA presses pause on CBD enforcement guidance—for now
In the dawn of the new administration, the U.S. Food and Drug Administration (FDA) withdrew its “Cannabidiol Enforcement Policy,” a document that stakeholders had hoped would deliver long-overdue guidance on cannabidiol (CBD) regulations. The White House had completed its review…
California flammability standard for upholstered furniture goes national
On December 21, 2020, Congress passed The Safer Occupancy Furniture Flammability Act (SOFFA), which was presented alongside other legislation in a $1.4 trillion COVID relief omnibus bill. SOFFA requires the adoption of California’s TB 117-2013 as a federal flammability standard…
California moves to restrict the use of short-form Prop 65 warnings
On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed rulemaking significantly limiting the use of the short-form warning as a safe harbor. The proposed regulation makes the following changes:
- Limiting the
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Stream-of-commerce considerations for consumer product patent infringement claims
An initial question a consumer product manufacturer or retailer should consider when sued for patent infringement is: does the court have personal jurisdiction?
Determining whether a court has personal jurisdiction to hear a case can help avoid liability and dismiss…
Coffee roasters and retailers defeat Proposition 65 lawsuit
We previously wrote about a regulation issued last year by the California Office of Environmental Health Hazard Assessment (OEHHA) exempting chemicals in coffee from Proposition 65’s warning requirement. The question then was what effect the new regulation would have on…
Breach of contracts and a social media gaming celebrity
As more and more consumer markets brands turn to influencers and social media stars to promote their products, novel legal issues are bound to arise! Sue Ross and Eva Yang provide their analysis on a case recently litigated in the…
Federal court says Prop 65 warnings for glyphosate violate the First Amendment
On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate, the active ingredient in the herbicide Roundup®.…
Judge issues first ruling dismissing lawsuit for Braille on gift cards
Earlier this year, we posted about the new wave of ADA claims that flooded the district courts in New York concerning Braille on gift cards (see Braille on gift cards: ADA accessibility issue or novel shakedown?) . Four months…
CCPA enforcement trends–what we are seeing
Despite limitations on private rights of action within the California Consumer Privacy Act, many were concerned that the plaintiffs’ bar would find creative ways to skirt CCPA’s boundaries. Four months into CCPA enforcement, those concerns have been borne out. We…