Publications
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02.16.2024Food & Consumer Packaged Goods Litigation Year in Review 2023Lawyer PublicationsPerkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review.
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01.18.2024Q4 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to publish its Q4 Food and CPG Legal Trends Report.
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10.27.2023Q3 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to publish its Q3 Food and CPG Legal Trends Report.
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10.13.2023 (UPDATED 12.01.2023)Upcoming Deadlines for Compliance: New FDA Requirements Under the Modernization of Cosmetics Regulation ActUpdatesIn the beauty, cosmetics, and personal care world, companies are preparing to comply with upcoming Modernization of Cosmetics Regulation Act provisions of the Federal Food, Drug and Cosmetic Act, which is going into effect on December 29, 2023.
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08.25.2023Midyear 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report.
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08.22.2023FDA Publishes Draft Guidance For Submitting Cosmetic Product Facility Registrations and Product Listings Under MoCRAUpdatesThe U.S. Food and Drug Administration (FDA) issued guidance on August 7, 2023, clarifying new requirements for cosmetic facility registrations and product listings under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).
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08.02.2023How The Fashion Industry Can Mitigate ESG-Related RisksArticlesThe fashion industry, known for its dynamic and ever-evolving nature, is embracing environmental, social and governance principles like never before.
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06.14.2023ESG and the Apparel Industry: Always in FashionUpdatesIn recent years, the apparel, fashion, and luxury goods industries have seen an increased focus on environmental, social, and governance (ESG) initiatives.
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05.22.2023Washington State Enacts Toxic-Free Cosmetics ActUpdatesGovernor Jay Inslee signed Washington state’s Toxic-Free Cosmetic Act into law on May 15, 2023. The Act sets stringent standards for companies operating within the state, aiming to eliminate the use of toxic ingredients in cosmetics and personal care products.
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02.28.2023Food & Consumer Packaged Goods Litigation Year in Review 2022Lawyer PublicationsPerkins Coie is pleased to announce the launch of our seventh annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2022 report are infographics that highlight key litigation outcomes, filing data, and industry trends.
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01.06.2023Congress Passes Major Update to Federal Cosmetics RegulationUpdates
Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion over cosmetics to the U.S. Food and Drug Administration’s authority since 1938. Among the spending bill’s many provisions is the Modernization of Cosmetics Regulation Act of 2022, which will have lasting effects on the cosmetics industry. Among other measures, MOCRA will provide FDA authority to conduct mandatory cosmetics recalls, create adverse event reporting and recordkeeping requirements, and establish good manufacturing practices.
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11.02.2022Titanium Dioxide: The Latest Target in Consumer Class-Action LawsuitsUpdates
The U.S. Food and Drug Administration has approved the use of titanium dioxide as a color additive in food, drugs, and cosmetics, including drugs and cosmetics intended for use around the eyes. Despite TiO2’s green light from the FDA, consumers nevertheless have begun bringing putative class actions challenging the presence of the compound in consumer products, alleging that its presence makes the products unsafe.
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05.24.2022PFAS Litigation Expands Into “Mislabeling” Class Action ArenaUpdatesLitigation concerning per- and polyfluoroalkyl substances (PFAS) is nothing new. Over the past two decades, thousands of complaints have been filed against hundreds of companies concerning these so-called “forever chemicals.” While past litigation has primarily been related to environmental contamination, an increasing number of class actions are being brought against consumer products companies, alleging false and misleading product labeling based on the presence of PFAS in their products.
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2022
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02.11.2022Food & Consumer Packaged Goods Litigation Year in Review 2021Lawyer PublicationsPerkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in Review.
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2021Consumer Finance Law – COVID-19 Year in ReviewLawyer PublicationsIn this report, Perkins Coie offers an analysis of the past year’s most noteworthy regulatory developments and litigation outcomes in the mortgage lending and servicing industry.
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02.18.2021
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01.13.2021California Regulators Seek to Limit Use of Short-Form Proposition 65 WarningsUpdatesOn January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings.
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12.09.2020Proposition 65’s Imminent Enforcement Date for THC: Is Your Cannabis Business Ready?Updates
Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with state requirements.
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07.23.2020Coffee Regulations Offer Affirmative Defense in Proposition 65 SuitUpdatesOn July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings.
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07.14.2020How Cosmetics Cos. Can Prepare For Growth In Class ActionsArticles
Law360
Amid the COVID-19 pandemic, cosmetic companies continue to see growing numbers of class action litigation cases targeting the industry. -
02.13.2020Proposition 65 Labeling Obligations Anticipated for CBD Products Containing THCUpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) added Δ9‑tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California.
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01.23.2020Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail SellersUpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020 to California’s Safe Drinking Water and Toxic Enforcement Act of 1986.
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06.18.2019Coffee Products Exempted From Proposition 65UpdatesCalifornia’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings earlier this month.
Presentations
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02.27.2024State Action: Complying with a New Environment of Packaging and Chemical LawsSpeaking EngagementsPanelist
Consumer Brands Association 2024 CPG Legal Forum / Rancho Palos Verdes, CA -
02.15.2024
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02.08.2024Beauty, Personal Care, and Cosmetics Legal RoundtableSpeaking Engagements
Legal Roundtable Discussions / New York, NY
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11.14.2023Consumer Brands Litigation Exchange: CA SB 343 and Sustainability ClaimsSpeaking EngagementsConsumer Brands Association / Virtual
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11.09.2023
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11.07.2023New Cosmetic Regulations: Are you ready for MoCRA?Speaking Engagements
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05.10.2023The Clean Beauty Movement: Regulatory & Litigation Pitfalls to AvoidSpeaking Engagements
Personal Care Products Counsel Legal & Regulatory Conference / Quebec City, Canada
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02.08.2023Food and Consumer Packaged Goods Litigation UpdateSpeaking EngagementsConsumer Brands Association / VirtualDavid Biderman, Kristine Kruger, and Jasmine Wetherell provided a review of the past year’s key litigation outcomes, regulatory developments, and industry trends.
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04.01.2021
Consumer Finance Legal Report
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The Consumer Financial Protection Bureau has survived many constitutional challenges since it was created by the Consumer Financial Protection Act, 12 U.S.C. §§ 5481, et seq. (the “Act”), in 2011.[1] But on October 19, 2022, the CFPB suffered a setback in the wake of the Fifth Circuit’s decision in Community Financial Services Association of America,... Continue Reading…
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The CFPB Expands Its Oversight of Nonbank Entities
With the rapid rise of nonbank financial product and service companies in an everchanging marketplace, there is growing concern that nonbanks will evade federal oversight. To keep pace with these changes, the Consumer Financial Protection Bureau (CFPB) announced that it will expand its oversight of nonbank entities, including nonbanks that brand themselves as “fintechs.” CFPB... Continue Reading…
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CFPB Announces Expanded Anti-Discrimination Efforts Through UDAAP
Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra warned consumer finance companies that he will be expanding the bureau’s anti-discrimination efforts “to combat discriminatory practices across the board in consumer finance.” Under the Dodd-Frank Act, it is unlawful for providers of consumer financial products or services to engage in any unfair, deceptive, or abusive act... Continue Reading…
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Consumer Financial Protection Bureau Issues 25th Supervisory Highlights
On December 8th, the Consumer Financial Protection Bureau (CFPB) issued the 25th edition of its Supervisory Highlights report, which covers examinations completed in the first half of 2021. The CFPB reported on violations that occurred in the areas of credit card account management, debt collection, deposits, fair lending, mortgage servicing, payday lending, prepaid accounts, and... Continue Reading…