On December 2, 2020, the Centers for Disease Control and Prevention (the CDC) updated its guidance regarding how long an individual must quarantine after being exposed to COVID-19. While the CDC continues to endorse a quarantine period of 14 days after last exposure, it has now provided two additional options for how long quarantine should last. Based on the availability of COVID-19 testing, individuals without symptoms can shorten their quarantine period to 10 days after exposure or to 7 days after receiving a negative test result. Individuals can take either the PCR or antigen test up to 48 hours before the seventh day of the last exposure. This means that individuals can take a PCR or antigen test on the fifth day after exposure but they must quarantine for at least 7 days regardless of when they receive the negative test result. If they do not receive their test result within the 7 day period, they cannot discontinue quarantine until the receipt of a negative test result. After discontinuing quarantine, individuals should monitor for symptoms of COVID-19 until 14 days have passed since their last exposure. If symptoms are present before the end of the 14 day period, individuals must immediately self-isolate and contact their local public health authority or healthcare provider. Individuals who test positive on the seventh day but have no symptoms must self-isolate for an additional 10 days after the last test. Individuals who develop symptoms after testing positive must self-isolate until all of the following conditions have been met: (1) at least 10 days have passed since the individual’s symptoms first appeared, (2) the individual has been fever-free for at least 24 hours without the use of fever-reducing medications and (3) there has been improvement in the individual’s other symptoms.


Continue Reading CDC Updates Its Guidance for Necessary Quarantine Period

In the wake of the COVID-19 pandemic, product manufacturers and distributors—many of whom have pivoted to create PPE-related products for the first time—are now faced with a veritable morass of guidelines and requirements to navigate from a variety of governmental agencies. Recent enforcement actions by federal agencies have only highlighted the importance of understanding exactly how a product must be produced, advertised, labeled, and sold.  This begs the important question: who is the regulator and what is the rule?

Our product risk management team has been speaking to several trade associations in September 2020 about how to navigate the alphabet soup of federal agencies supervising COVID-19 product distribution.  The biggest takeaway:  How a product is advertised for sale plays a critical role in how it is regulated and by which agency .  The regulatory profile can mean the difference between required manufacturing registration or specific requirements as to product labeling.

This article outlines a few of the major players involved in regulating products designed to mitigate or prevent COVID-19—specifically, the Food and Drug Administration (“FDA”), Federal Trade Commission (“FTC”), and Environmental Protection Agency (“EPA”)—and discusses high-level considerations for entities who find themselves caught up in the regulatory alphabet soup.


Continue Reading Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements       

Now that some businesses are attempting to re-open and must sanitize their locations for employees and the public, Attorneys General will vigilantly monitor for unsupported claims that products can cure or prevent the transmission of COVID-19. They will also watch for claims that a location using these products will be safe for the public.

On June 29, 2020, the United States District Court for the Southern District of New York dismissed a challenge by several landlords to quash New York Governor Andrew Cuomo’s Executive Order 202.28 (the “Executive Order”), issued on May 7, 2020.

The Executive Order, among other things, imposed a moratorium on commercial and residential evictions during