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

The current environment of higher interest rates and high inflation may have a deleterious effect on the retail industry. Although the fear of interest rates and inflation continuing to rise appears to have tapered off, both are still relatively high in comparison to the past twenty-year period. Each on its own can have a negative impact on the retail industry, and unfortunately, both combined can present enough challenges to a retail businesses to force them to change strategies for long-term survival.Continue Reading Potential Benefits of Chapter 11 Bankruptcy for Retailers Facing Higher Interest Rates and High Inflation

June 27, 2024

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McGuireWoods latest installment of its bimonthly brown-bag lunch series that explores important topics affecting the consumer product and retail industries. This webinar covers cannabis industry news and speakers answer questions from attendees..

McGuireWoods Speakers

The H5N1 virus, commonly referred to as the bird flu, is spreading through U.S. cattle herds and the virus has been detected in pasteurized milk on grocery store shelves. The World Health Organization labeled the outbreak an animal pandemic, but fears of animal to human transmission are rising.

Read on to learn how to prepare

On Dec. 6, the U.S. Food and Drug Administration sent a warning letter to the owners of online hemp, tetrahydrocannabinol and cannabidiol retailer Hemp-xr.com for introducing adulterated foods into interstate commerce. FDA took issue with certain cookies, edibles, gummies and honey containing delta-8 THC and CBD because they “bear or contain an unsafe food additive.”

In late August, the Department of Health and Human Services recommended rescheduling marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substance Act. Meanwhile Congress is weighing a bill that would create federal safe harbors for financial institutions to accept deposits from state-sanctioned marijuana business operators. Read on for details

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