Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Crowell & Moring

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How to Navigate the Big Data Revolution? Read “Data, Data Everywhere” – Part of Crowell & Moring’s 2018 Litigation Forecast

Posted in Privacy & Data Protection
Crowell & Moring has issued its “Litigation Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.” With the development of artificial intelligence, chat bots, the Internet of Things, autonomous vehicles, and other advances in technology, the cover story, “Data, Data Everywhere,” takes a deep dive into the opportunities and challenges general counsel… Continue Reading

Webinar: Cyber Reputation Defense

Posted in Events
Join Us for a Webinar – Tuesday, October 10, 2017 12:00 – 1:00 PM ET It’s been said that “A lie gets halfway around the world before the truth can even pull its boots on.” In today’s world of online commentary and social media, this is truer than ever. In the cyber-world, you or your… Continue Reading

Join us for a webinar… The Safety Agencies in Transition – What to Expect at FDA, CPSC and NHTSA in the First 100 Days

Posted in Events
Thursday, March 30, 2017 1:00 – 2:00 p.m. Eastern Aggressive enforcement, massive recalls and proactive safety agendas left an indelible impression on the product safety world under the Obama administration. Product safety is no longer a bipartisan affair. But what will the Trump administration mean for your regulatory compliance programs? What changes will we see… Continue Reading

WEBINAR: The Fusion of Fashion & Technology (Oct. 20, 2-3 pm ET)

Posted in Advertising & Product Risk Management, Events, International Trade, IP/Brand Protection
Crowell & Moring is partnering with the United States Fashion Industry Association (USFIA) for an October 20 webinar covering the emerging legal landscape for the fashion industry in the digital media age. The webinar will run from 2:00 to 3:00 pm ET and will explore how to: Best protect your intellectual property rights as fashion… Continue Reading

When Your Toys Talk Back: Children’s Privacy and Safety in an Age of Wired Toys

Posted in Advertising & Product Risk Management, Privacy & Data Protection
First, it was the “Internet of Things” and now it is the “Internet of Dolls.” Mattel, maker of the iconic Barbie doll, has announced plans to introduce “Hello Barbie,” a doll with a Siri-like ability to communicate. The new Barbie, which connects to the cloud through WiFi, can have conversations, tell jokes, and play games… Continue Reading

VIDEO: Risk Mitigation Strategies and Compliance Programs for Consumer Product Companies

Posted in Advertising & Product Risk Management
Consumer safety is increasingly on the minds of government regulators and consumer product companies. In a three-part video series, Cheri Falvey, Crowell & Moring partner and co-chair of the firm’s Advertising & Product Risk Management Group, as well as former general counsel of the CPSC, breaks down risk mitigation strategies that consumer products companies should… Continue Reading

“Made in America” Claims: the Landscape, FTC Guidance, and Tips for Manufacturers and Marketers

Posted in Advertising & Product Risk Management
The choices facing American consumers are no longer just “paper or plastic” or “do you want fries with that?” Today, when strolling the aisles of a grocery store, customers have the option to buy local, organic, gluten-free, low-carb, or any other of a dozen choices. The local coffee shop offers a selection of responsibly-sourced coffees,… Continue Reading

Cheryl A. Falvey Presents Keynote at PPAI Product Safety Summit: Building a Scalable Compliance Program for a Small Business

Posted in Advertising & Product Risk Management
On August 13, 2014, Crowell & Moring’s Cheryl A. Falvey was featured as the luncheon keynote speaker at the Promotional Products Association International (PPAI)’s Product Safety Summit in Boston, MA. Her topic was titled: “Building a Scalable Compliance Program for a Small Business.” The PPAI Product Safety Summit was a one and a half day… Continue Reading

Crowell & Moring Partners to Participate in the 35th Annual BAA/PMA Marketing Law Conference, “Mastering the Next Wave of Marketing Law.”

Posted in Advertising & Product Risk Management
Next week, advertising and product risk management partners Chris Cole and Cheri Falvey and privacy and cybersecurity counsel Liz Blumenfeld will participate in the Brand Activation Association’s (formerly the Promotion Marketing Association) 35th Annual Marketing Law Conference in Chicago, Illinois. Chris Cole will moderate a panel entitled “What’s in a Claim? Principles and Requirements of… Continue Reading

Crowell & Moring Partners Greg Call and Jennifer Romano to Speak at the National Retail Tenants Association National Conference

Posted in Real Estate
Next week, partners Greg Call and Jennifer Romano will present three courses to attendees at the National Retail Tenants Association National Conference in Orlando, Florida.  Greg is a long-time NRTA participant and presenter, and he received the NRTA Founders’ Service Award in 2007.  Greg will be teaching a course entitled “Read the Lease: Operating Cost Clauses,”… Continue Reading

Recent Developments in Self-Driving Vehicles: NHTSA Turns on the Yellow Light

Posted in Advertising & Product Risk Management
On May 30, 2013, the National Highway Traffic Safety Administration (NHTSA) unveiled its preliminary policy statement on automated vehicles—defined by NHTSA as vehicles in which some, or all, of the main controls are managed without direct input from the driver. Vehicles with varying levels of automation are already out on the roads and many more… Continue Reading

EU Food Labeling – Where Is the Beef From?

Posted in Advertising & Product Risk Management, EU Regulation, International Trade
Politicians and public interest groups in the European Union are showing renewed interest in expanded country of origin labeling requirements in the wake of February’s horse meat scandal, where lasagna and other products sold in the EU purportedly made from beef were found instead to contain horse meat. Specifically, attention is focused on Regulation (EU)… Continue Reading

EPA to Consider New RCRA Regulations on Waste Retail Products

Posted in Advertising & Product Risk Management, Environment & Natural Resources
The Environmental Protection Agency (“EPA”) has announced that it plans to explore future rulemaking on the management of “waste retail products” under the Resource Conservation and Recovery Act (“RCRA”).  Waste retail products include unsold or returned retail products which may at some point become hazardous waste under current RCRA regulations.  According to the Unified Agenda,… Continue Reading

Focus On Retailers At ICPHSO 2013

Posted in Advertising & Product Risk Management
The responsibilities of retailers for safety and health issues that arise in the supply chain became a recurring topic of discussion at the 20th annual International Consumer Product Health and Safety Organization (ICPHSO) meeting and training symposium held on February 26-March 1, 2013, just outside Washington, D.C. Representatives from the U.S. Consumer Product Safety Commission (CPSC… Continue Reading

Crowell & Moring Attorneys to Present “Consumer Protection and Manufacturers, Distributors and Retailers: What Obama’s Second Term Will Mean for Your Business” in San Francisco and Palo Alto

Posted in Advertising & Product Risk Management, Consumer Class Action
Crowell & Moring is pleased to announce two upcoming presentations regarding consumer protection regulation and enforcement and what President Obama’s second turn will mean for retailers (as well as manufacturers and distributors). With the re-election of President Obama, we can expect the government to continue to add to the existing federal regulations. The discussion panel, which includes former agency… Continue Reading

EPA Reverses Course and Promises to Withdraw TSCA Section 8(d) Cadmium Rule

Posted in Advertising & Product Risk Management, Environment & Natural Resources
By email dated December 14, 2012, the Environmental Protection Agency (EPA) withdrew its controversial direct final rule requiring the reporting of existing and unpublished health and safety data for cadmium and cadmium compounds used in consumer products pursuant to section 8(d) of the Toxic Substances Control Act (TSCA). In its email, EPA admitted that "there… Continue Reading

Study Raises Question About Health Effects from Common Antimicrobial Ingredient Triclosan

Posted in Advertising & Product Risk Management, Environment & Natural Resources
Although not approved by the FDA, triclosan is a common antibacterial agent in a number of household cleaning and personal hygiene products sold in the United States, including soaps, deodorants, hand-sanitizers, toothpastes, and mouth wash. In recent years, manufacturers have also expanded the use of triclosan as an antimicrobial in cosmetics, socks, workout clothes, and… Continue Reading

California’s Proposed “Green Chemistry” Regulations Will Impact Consumer Product Manufacturers, Importers and Retailers

Posted in Advertising & Product Risk Management, Environment & Natural Resources, International Trade
On July 27, 2012, California released a revised draft of its Safer Consumer Products Regulations—commonly known as the "Green Chemistry Initiative." The proposed regulations establish a process for California’s Department of Toxic Substances Control (DTSC) and product manufacturers to assess whether consumer products containing certain "chemicals of concern" can be made with safer ingredients. Once… Continue Reading

An Interactive Discussion and Luncheon with Commissioner Anne M. Northup of the U.S. Consumer Product Safety Commission on April 30, 2012 – Washington, DC

Posted in Advertising & Product Risk Management
Crowell & Moring’s Product Risk Management Group is pleased to invite readers of the blog to a luncheon featuring remarks by Commissioner Anne M. Northup of the U.S. Consumer Product Safety Commission on the effects of regulation on U.S. businesses. Retailers of consumer products (along with manufacturers, importers and distributors) are dealing with increased U.S.… Continue Reading

General Growth Properties Completes Spin-off of 30 Malls to Rouse Properties

Posted in Corporate & Transactions, Real Estate
General Growth Properties has completed the spin-off of 30 shopping malls into a publicly traded real estate investment trust called Rouse Properties, the Chicago-based company announced. The properties in question are scattered across 19 states and are located in either small U.S. cities or in what are viewed as second-tier centers in larger cities, according… Continue Reading

California Lawsuits Over Seating for Employees Not Limited to Cashiers

Posted in Labor & Employment
Recent months have shown a dramatic increase in suits against retailers by cashiers seeking seats at work. The influx results from two California Court of Appeal decisions in late 2010 that permitted the plaintiff cashiers to pursue suits against their employers for not providing seating. Several suits filed since then come from cashiers seeking to… Continue Reading