LexisNexis® Legal Newsroom
Norton Rose Fulbright: Pom Wonderful Ditches Appeal Of State Law Preemption Ruling

By Stephanie Stroup On September 22, 2014, the Ninth Circuit approved Pom Wonderful’s request to drop its appeal of U.S. District Judge S. James Otero’s February 2013 order holding that Pom’s UCL and FAL false advertising claims are preempted by the federal Food Drug and Cosmetics...

Norton Rose Fulbright: California Closely Scrutinizes ‘Made In The USA’ Claims

By Lauren Shoor Labeling products as “Made in the USA” has seen increased popularity recently, as retailers and manufacturers attempt to capitalize on consumers’ desire to support domestic jobs and US-made goods. Despite the seeming cachet of these statements, they may open companies...

Norton Rose Fulbright: California Governor Signs First Ever State Plastic Bag Ban

By William L. Troutman California’s Governor Jerry Brown signed the nation’s first state plastic bag ban into law on September 30, 2014. The law prohibits “stores”—supermarkets, groceries, retail stores that sell food or contain pharmacies, and convenience stores that...

DLA Piper: California’s Green Chemistry Initiative: ‘Work Plan’ Basics And The 7 Product Categories – 3 Action Steps

By George Gigounas and Rachael E. Yourtz California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work Plan on the statute, California’s Department of...

Norton Rose Fulbright: Purchase One Product, Sue For Them All?

By Julie Glazer An emerging trend in consumer product class actions is for a class representative to bring claims for entire lines of products, despite only purchasing one of the products. Although traditional principles of standing seem to dictate the death of this argument, more and more courts...

Norton Rose Fulbright: California Labeling Law Complements Furniture Flammability Changes

By Will Troutman In conjunction with changes to California upholstered furniture flammability regulations, commonly referred to as TB-117 , the state recently enacted complementary legislation requiring that furniture “law labels” disclose whether the products contain flame retardant chemicals...

Norton Rose Fulbright: Update On California Consumer Product Emissions Survey

By Will Troutman (US) Updating our prior discussion of the California Air Resources Board Consumer Products Survey, ARB continues to forge ahead with the 2013 consumer products survey, providing additional guidance to industry. On October 14, 2014, the Board published an updated FAQ and information...

Norton Rose Fulbright Consumer Products Law Blog: California Agency Issues Guidance On New Furniture Flammability Labeling Law

By Will Troutman (US) Updating our prior discussion on California’s new labeling law regarding flame retardants in furniture, the California Bureau of Electronics & Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) has issued industry guidance and an FAQ expressing the Bureau’s...

Norton Rose Fulbright: WARNING! This Post Contains Information on DINP and Proposition 65 in the State of California That May Help You Avoid a Lawsuit

By Will Troutman (US) On December 20, 2013, the Office of Environmental Health Hazard Assessment added the phthalate DINP to the California Proposition 65 chemical list. Under Proposition 65, products containing newly listed chemicals require a warning starting 12 months after the listing. For DINP...

Norton Rose Fulbright: Class Claims Certified For Hain Celestial Organic Cosmetics

By Stephanie Stroup (US) Last week, Magistrate Judge Beeler in the Northern District of California certified a class of purchasers of cosmetics marketed as “organic” by The Hain Celestial Group, Inc. In so doing, Judge Beeler weighed in on several hot spot issues for class certification...

Norton Rose Fulbright: California Proposition 65: OEHHA’S Proposed Revisions To Warning Regulations

By Jeff Margulies (US) In March 2014, OEHHA began the rulemaking process to amend the Clear and Reasonable Warning requirements for California’s Proposition 65. The proposed changes caused a great deal of concern for manufacturers, distributors, and retailers doing business in California. On...

Norton Rose Fulbright: San Bernardino Judge Finds Homeopathic Drug Labelling Is Not False Or Misleading

By Stephanie Stroup (US) On November 25, 2014, just in time for Thanksgiving, Judge Bryan Foster in San Bernardino Superior Court tentatively entered a judgment in favor of Green Pharmaceuticals , following a week-long bench trial. The case, filed on June 28, 2011 by plaintiff Rachel Rosendez,...

Norton Rose Fulbright: The Mysterious World of California’s Proposition 65: A Miniseries

By Will Troutman (US) and Stephanie Stroup (US) If you are reading this blog, at some point, you have probably encountered what many consider to be the most vexing of all of California’s laws: Proposition 65. While Proposition 65 appears relatively simple and straightforward―“No person...

Norton Rose Fulbright: The Mysterious World of California Prop 65, Part 1: The Law

By Will Troutman (US) on December 4, 2014 Posted in California Proposition 65 To the average person in California, if they know anything about Proposition 65 at all, it is usually because they have a seen a warning sign in a bar or at a store. In most instances, after seeing the sign, they likely...

State Net Capitol Journal: States And Congress Differ On Security-Breach Regulation

By Korey Clark Nearly every state in the country has passed a law requiring private or government entities to notify individuals about security breaches involving their personal information. And states have been toughening those laws in recent years. But cybersecurity legislation pending in Congress...

Ballard Spahr LLP: California, Nevada Expand Scope of Customer Personal Information Subject to Reasonable Security Measures

Recent statutory amendments passed in California and Nevada expanding the definition of “personal information” will significantly impact the security measures businesses operating in these states must implement when handling personal information of customers residing there. California...

Norton Rose Fulbright: Bill to Amend California’s ‘Made in USA’ Law on to Governor’s Desk

By Lauren Shoor Yesterday [Aug. 17], the California Senate voted unanimously to approve amendments made in the Assembly to SB 633 . Now, SB 633 will move to Governor Brown for his approval. For more detail, check out our recent posts about pending legislation in California that would amend California’s...

Norton Rose Fulbright: California to Open Rulemaking Into Prop 65 Lead Levels

By Will Troutman (US) In response to a petition from the Center for Environmental, the California Office of Environmental Health Hazard Assessment will initiate a rulemaking to update the current 0.5 µg/day safe harbor level for lead. The implications are huge, as years of Prop 65 settlements...

Norton Rose Fulbright: CA Supreme Court Won’t Respond To Question From 9th Circuit On Privacy Law For Credit Card Customers

By Lauren Shoor In addition to refusing to hear an appeal in Harrold v. Levi Strauss & Co. , which we previously posted about, the California Supreme Court also declined to respond to a question the Ninth Circuit in Davis v. Devanlay Retail Group, Inc. certified to the Court, seeking clarification...

Norton Rose Fulbright: Jerry Brown Signs New California ‘Made In USA’ Law

By Lauren Shoor Yesterday [Sept. 1], California’s Governor Brown signed SB 633 into law. The new law exempts certain merchandise from the prohibition that merchandise being sold in California cannot be labeled with “Made in the USA” or similar words when the merchandise or any component...

Norton Rose Fulbright: California ARB Starts 2013 Consumer Products Survey Enforcement Roundup, Launches 2014 Portal

By Will Troutman Recap on 2013 reporting and enforcement | ARB reported registrations for 1,400 Responsible Parties and 700 formulators registering. Of those, 1,300 have reported completion of the survey. ARB has published a summary of the 2013 data , which includes listing the Responsible Parties that...

Keller and Heckman LLP: In Turnaround, California Abandons Restrictive ‘Made in USA’ Standard

California Governor Jerry Brown (D) signed into law an amendment to the state's strictest-in-the-nation "Made in USA" law earlier this month. Previously, incorporation of any element that was foreign sourced -- even a single screw on a treadmill -- made an unqualified U.S.-origin claim...

Norton Rose Fulbright: New California Consumer Products Legislation

By Will Troutman (US) Last week marked the last chance for California Governor Jerry Brown to sign or veto legislation the California Legislature passed this year. The legislation goes into effect January 1, 2016. Although it was a quiet year for consumer products, several of the new laws are significant...

Ballard Spahr LLP: California Updates Data Breach Notification Statute

By Odia Kagan, Philip N. Yannella and Roshni Patel Three bills that will update California’s data breach notification requirements have been signed into law by Governor Jerry Brown. The bills impose specific requirements on providing breach notification to consumers, add a definition of “encryption...

Norton Rose Fulbright: California Attorney General seeks to change Proposition 65 settlement landscape

By Lauren Shoor Continuing a flurry of activity this year to reform Proposition 65 in California, the Office of the Attorney General is proposing amendments to the Proposition 65 regulations that would affect settlement terms, penalty amounts, and attorneys’ fees in civil actions filed by private...