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.
EEOC Releases Final Regulations Implementing the Pregnant Workers Fairness Act
Posted in Employment
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.
Illinois Jumps on the Food Ingredient ‘Banned’ Wagon
Posted in Consumer Products
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.
New Jersey Becomes the Latest State to Enact a Comprehensive Data Privacy Law
By Payam Khodadadi on
Posted in Privacy
On Jan. 16, 2024, New Jersey became the 13th state to enact a comprehensive data privacy law. It becomes effective Jan. 15, 2025. Read on for details about the New Jersey Data Privacy Act and how it differs from other state data privacy laws.
FTC Issues Largest Fine in Made in USA Enforcement — but Seeks to Collect Much Less
By Wrede Smith & Christopher Karamanos on
Posted in Product Labeling, Sales Practices
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.
FDA Warning Letter Declares Delta-8 and CBD Gummies ‘Adulterated Foods’
By Allyson M. Maur & Royce DuBiner on
Posted in Consumer Products, Sales Practices
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.” Read on for details about this development and implications for the cannabis and marijuana industries.
HHS Rescheduling, SAFER Banking Act May Change the Marijuana Landscape
By Royce DuBiner, Allyson M. Maur, Petra D. Walech, Micaela Enger, Jonathan D. Wrobel & McGuireWoods LLP on
Posted in Consumer Products
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 about these developments and implications for the industry.
What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status
By Sabrina A. Beldner, Christopher M. Michalik, Peter A. Milianti, Dana Rust, Bret Daniel & Gabriela M. Rivera on
Posted in Employment
On Oct. 26, 2023, the National Labor Relations Board issued a final rule that significantly broadens the definition of “joint employment” under the National Labor Relations Act, marking the fifth change to the board’s joint employer standard since 2015. Read on to learn more about how this rule affects employers.
FDA Proposes Brominated Vegetable Oil Ban
Posted in Consumer Products
The Food and Drug Administration has proposed revoking the regulation that authorizes the use of brominated vegetable oil (BVO) in food because the agency no longer considers it safe. Public comments on the proposed rule are due Jan. 17, 2024. Read on to learn what California and New York are doing related to BVO and which other ingredients the FDA is reviewing.
California Bans Four Common Food Additives and 26 Chemicals Used in Cosmetics
Posted in California, Consumer Products
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 manufacturers, distributors and retailers.