Extended producer responsibility (EPR) laws impose liability on producers for the lifecycle of their products. Many U.S. states already impose requirements on producers of e-waste and batteries, but the latest spate of EPR laws has focused on packaging materials, paper and plastic products, and food service ware.

Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. This Update summarizes certain regulatory developments in the United States and EU related to green claims.

This Update examines current state law developments in regulating PFAS chemicals in consumer products and food packaging, summarizes recent litigation against product manufacturers, and outlines next steps that manufacturers, retailers, and distributors of consumer products should consider to minimize their potential liability and risk.

Over the last decade, carbon offsets have gained popularity within the retail and consumer products industry as a voluntary tool to mitigate their Scope 1, 2, and 3 greenhouse gas emissions.

In recent years, the apparel, fashion, and luxury goods industries have seen an increased focus on environmental, social, and governance (ESG) initiatives.

The first day of fall offered an opportunity to look back at the summer that was. Summer 2022 was a time of continued supply chain disruptions; inflation; and acceleration of environmental, social, and governance investing and reporting. In this Update, we review this year’s Sustainability Series. As a topic of conversation and, more importantly, a goal for the retail and outdoor industries, sustainability will continue to be at the forefront of the strategic conversation for businesses, investors, and regulators.

Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. However, with growing popularity comes extra scrutiny, and “green claims” are increasingly subject to challenge by regulators, competitors, and class action plaintiffs.

Sustainable investing is a big and growing business. It is also widely misunderstood. Many of the predominant investment tools used to assess public company environmental, social and governance practices have been widely criticized as inadequate and potentially misleading.

In recent years, apparel and retail businesses have increasingly sought to provide customers with options to participate with the brand’s merchandise and services in virtual environments.

Employer vaccination policies are probably the hottest topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for employees to get vaccinated.

While recommerce is not new, its renaissance and shift to e-commerce has raised issues that resellers and brands will need to navigate, including possible expansion of secondhand-dealer laws to ecommerce and avoiding IP infringement through proper product authentication.

In this issue of the Perkins Coie Summer Sustainability Series, we discuss how regenerative agriculture practices affect the farming and food distribution industries, as well as some of the novel legal issues that may arise.

In this issue of the Perkins Coie Summer Sustainability Series, we discuss best practices based on Federal Trade Commission guidance and the most recent green advertising litigation trends.

From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As corporations take action and report on their ESG challenges and achievements, they will be well served to take steps to mitigate the risks of both regulatory enforcement and private litigation. 

In this issue of the Perkins Coie Summer Sustainability Series, we discuss the debate over the materiality of ESG disclosures to investors and suggest action items for companies considering increased disclosures on these topics.

The fashion industry is the world’s second largest polluter behind big oil, and is responsible for around 10% of global greenhouse gas emissions. There are a number of contributing factors to this problem, ranging from “fast fashion”—a model based on producing low-cost garments intended to be worn only a handful of times—to disposal of luxury overstock merchandise.

There has been much attention focused on Beijing’s labor policies and practices toward the Uyghur Muslim population and other minority groups in China. Given that the western Xinjiang region is responsible for approximately one-fifth of the world’s cotton supply, many industry players are finding compliance issues a challenge.

The 2021 Summer Sustainability Series will discuss topics including Chinese cotton and slave labor, key components of the circular economy, sustainability litigation, and advertising related to sustainable products and programs. It will also touch on how the sustainability discussion is moving beyond environmental components and expanding to address other elements of environmental, social, and governance (ESG) criteria.

Current events have sparked a significant change in private businesses' political behavior, as companies and their executives shift from nonpartisan observers to leaders taking on political and social causes. While companies may face pressure from some stakeholders to speak out on every issue of the day, that level of engagement may not be feasible or productive. In this update, we provide a road map for companies and their executives to follow when deciding whether and how to engage in political and social issues.

In this final issue of the Summer Sustainability Series, we address important considerations in designing and implementing an enforcement program.

Trademarks play an important role in marketing eco-friendly products and engendering consumer trust. This update highlights that role, potential pitfalls to avoid, and best practices to consider.

Companies across industries—from retail to high tech to financial services—are touting their sustainability initiatives to attract and retain customers and employees.

Consumers increasingly are aware of, and make value assessments and purchase decisions based on, the environmental and social impact of brands. Brands, in turn, are evaluating and embarking on sustainability programs.

Brands continue to build their sustainability and environmental marketing programs in response to consumer demand.  

The positive economic value of environmentally sustainable supply chain practices is broadly understood and accepted by the outdoor industry.

 “Sustainability” is more than just a buzzword or corporate initiative in the outdoor industry.

Retail as a business is hard. Retail bankruptcies continue at a rapid rate, leaving some commentators to predict that the days of traditional retail are numbered.