State “stay at home” orders now in 30 states

What seemed like a novel and crazy idea a little over a week ago has now become the majority approach to “flattening the curve” in the United States. And those states that have not yet adopted “stay at home” or “shelter in place” orders generally have comparable restrictions at the county, city, or municipal levels….

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Mitigating advertising risks during the COVID-19 crisis

During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false…

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Federal and state authorities warn against price gouging

In the wake of the coronavirus, some sellers of essential goods and services have tried to greatly increase the cost of their products to take advantage of increased demand. But sellers beware: Public officials all over the country have expressed a willingness to prosecute price gougers and companies that may facilitate sales of goods with inflated…

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CA Prop 65 Coffee Issues Still Brewing

As has been widely reported, in May 2018, a Los Angeles Superior Court judge ruled that Prop 65 warning labels are required to be placed on “ready-to-drink” coffee products. Acrylamide, a Prop 65 listed chemical that allegedly is a carcinogen, forms during the coffee roasting process.  It is also a byproduct when foods containing starch,…

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California Supreme Court Ends Glyphosate Debate, for the Time Being

One week after a San Francisco jury decided against Monsanto and awarded a plaintiff $289 million due to the alleged exposure that caused his cancer, the California Supreme Court refused to hear any further challenges by Monsanto as to whether California’s Office of Environmental Health Hazard Assessment (OEHHA) properly relied upon a 2015 International Agency…

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Stricter Automatic Renewal Law in California Commences July 1, 2018

On July 1, 2018, California’s revised Automatic Renewal Law (ARL), Cal. Bus. & Prof. Code § 17600 et seq., goes into effect. The updated law requires e-commerce sellers, doing business in California, to allow online cancellation of auto-renewing memberships or recurring purchases that were initiated online. Specifically, section 17602(c) provides: “a consumer who accepts an…

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First Amendment Still Trumps Prop 65

Recently, a federal judge sitting in the Eastern District of California (Sacramento), for the first time, refused to require a manufacturer to place a Prop 65 warning on its product based on a finding that the requirement would violate the company’s First Amendment rights. We have been following this developing issue for some time. (See…

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