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

Walgreens Boots Alliance d/b/a Walgreens Co. and Denise Bentley and United Food and Commercial Workers District Union Local One, case number 03-RD-321385, before the National Labor Relations Board Region 3.

The NLRB left the United Food and Commercial Workers International Union (UFCW) on the shelves long past its sell-by date at several western New York Walgreens locations.

Continue Reading NLRB Dismisses Decertification Petition Because Union’s Disclaimer of Interest Effectively Mooted Employees’ Vote

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..

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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 for the financial impact of this looming outbreak and why businesses in the livestock and dairy industries should carefully review their policies to maximize coverage for the losses the outbreak will cause.

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On April 23, the Federal Trade Commission approved a final rule that will ban most employer-employee non-compete agreements. The rule represents an unprecedented federal initiative to invalidate agreements commonly entered into between employers and employees. Read on for details about the final rule and the challenges the rule’s implementation faces.

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On April 15, 2024, the Equal Employment Opportunity Commission released the long-awaited final regulations implementing the Pregnant Workers Fairness Act (PWFA). The regulations will take effect on June 18, 2024. Read on for a summary of the additional clarity and guidance the regulations provide as to the scope and application of the PWFA.

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Illinois legislators recently joined California and New York in proposing bans on several food additives that a growing number of studies have shown to be harmful to human health. Read on for details and comparison of the three state bills and an update on related federal-level activity.

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On Dec. 6, the Federal Trade Commission issued a proposed order against ExotoUSA LLC and its owner to resolve allegations that they improperly marketed products online using unqualified Made in USA claims and other false or misleading claims. Read on for details about this case and takeaways for companies that label and market their products as Made in USA.

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