Labeling litigation in the food and beverage space remains vigorous, especially in California. To avoid becoming a party to such litigation, participants in the manufacturing and sale of consumer products must take care to ensure that their labeling and marketing of products is accurate and is not misleading as prohibited by various consumer protection statutes. A recent opinion in a pending California action highlights the increase in “greenwashing” litigation – where plaintiffs claim that labels and marketing materials misrepresent the environmentally sustainable practices associated with a product.Continue Reading Greenwashing Trends in Labeling Litigation and Legislation
California
California Bans Four Common Food Additives and 26 Chemicals Used in Cosmetics
Gov. Gavin Newsom recently signed into law the California Food Safety Act and amendments to the 2020 Toxic-Free Cosmetics Act. Together, they ban four additives commonly used in popular snacks and beverages, and an additional 26 chemicals found in many personal care products.
Read on for details about these developments impacting food and personal care…
CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services
Introduction
If you have ever telephoned a customer support hotline to be greeted with an explanation that “this call may be monitored for quality assurance,” you are familiar with the implications of various state laws governing the recording of telephone conversations. Most states have cold-war era wiretapping laws, with some states providing for two-party consent, meaning the recording party must announce to the other party it plans to record the call. Thus, the industry standard practice is to announce the call shall be recorded to avoid civil liability from such wiretapping statutes that provide private rights of action.Continue Reading CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services