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 Allyson M. Maur, Micaela Enger & 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
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
By Allyson M. Maur, Trent Taylor, Micaela Enger & McGuireWoods LLP on
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
By Amy Morrissey Turk, Trent Taylor, Allyson M. Maur & McGuireWoods LLP on
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.
Massachusetts Attorney General Increasing Enforcement in Car Repossession Space
By Kevin Frankel, Jeffrey P. Ehrlich & Erin Ashwell on
Posted in State Statute(s)
Massachusetts is increasing its enforcement in the motor vehicle repossession space. On Jan. 17, the state Attorney General’s Office stated that it is “conducting an investigation” into “entities collecting, servicing and/or funding” motor vehicle-secured retail installment contracts. Read on to learn about two primary areas of compliance the state is targeting and implications for debt collectors and other companies involved in this area.
FTC Continues Tough “Made in USA” Enforcement Even Where Labeling Rule Is Not Violated
By Wrede Smith on
Posted in Consumer Products, Product Labeling
On June 26, the Federal Trade Commission announced a proposed consent order resolving allegations against a group of leather and other clothing accessory companies regarding Made in USA claims in online and print materials and qualified Made in USA claims on product labels. Read on for details about this enforcement action and key takeaways for companies that market or label their products as Made in USA.
CIPA: An Old Statute Provides a New Frontier for Serial Filing Plaintiffs Against Retailers with Online Chat Services
By McGuireWoods LLP on
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 ServicesSupreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel Arbitration
By Paul Chappell & Jonathan Ellis on
Posted in Mass Actions
On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented to the Court was whether a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing. The Court held that a district court must stay its proceedings pending such an appeal.
Continue Reading Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel ArbitrationThree McGuireWoods Partners Named ‘Influencers in Retail’ by ALM’s GlobeSt.
By Paul Chappell on
Posted in Miscellaneous
GlobeSt. Real Estate Forum, an American Lawyer Media publication, has selected McGuireWoods partners Greg Riegle, Chris Thanner and John Visconsi as 2023 Globe St. Influencers in Retail Real Estate. The honorees, all members of the firm’s Real Estate & Land Use Department, were profiled in a May 1, 2023, story.
Continue Reading Three McGuireWoods Partners Named ‘Influencers in Retail’ by ALM’s GlobeSt.