The California legislature passed the Cleaning Product Right to Know Act 2017 (SB 258) (the CPRTK Act), which was presented to Governor Jerry Brown on September 19, 2017, after the legislative session adjourned on September 15, 2017. Governor Brown now has until October 15, 2017, to sign or veto the bill. The Act requires manufacturers
California
California Department of Toxic Substances Control Releases Draft Alternatives Analysis Guide
On December 12, 2016, the California Department of Toxic Substances Control (DTSC) released a draft Alternatives Analysis (AA) Guide under the state’s green chemistry program, Safer Consumer Products (SCP). Under the SCP program, product designers and manufacturers are encouraged to reduce or eliminate the use of certain targeted chemicals in their products, and the Guide…
California Adds Styrene to Proposition 65 List; Proposes NSRL
On April 22, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) added styrene to the Proposition 65 list of carcinogens. OEHHA maintains a list of chemicals required under Proposition 65 (formally, the California Safe Drinking Water and Toxic Enforcement Act) that are “known to the state” to be reproductive toxicants or carcinogens based on…
California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels. The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that…
Data Breaches: Not Just for States and the FTC Anymore
The Federal Communications Commission (FCC) announced today that AT&T Services, Inc., will pay $25 million to resolve an investigation into whether the company violated Sections 201(b) and 222 of the Communications Act relating to consumer privacy at AT&T call centers in Mexico, Colombia, and the Philippines. According to the FCC’s order and consent decree,…
Perception of Deception
In the advertising world, we know that deception lies in the eyes of the beholder. Agencies like the Federal Trade Commission (FTC), or self-regulatory bodies like the National Advertising Division (NAD), legally stand in the shoes of the consumer, in the absence of consumer perception studies. In private litigation, however, the question of consumer perception …