RetailLawBCLP
Bryan Cave Leighton Paisner understands that retailers face legal challenges on a wide range of topics including employee relations, product safety, privacy laws, trade regulation, intellectual property, advertising, corporate agreements, e-commerce issues, litigation and real estate. BCLP’s Retail Law Blog focuses on a variety of topics from around the globe to provide retailers with timely legal updates and information about emerging issues – helping retailers around the world keep up with this fast-changing legal environment. We aim to be relevant, fast and to the point.
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The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and bringing California state and federal courts into alignment on this issue.
In an aim to increase transparency in the U.S. dietary supplement industry, Senators Dick Durbin (D-IL) and Mike Braun (R-IN) recently introduced the Dietary Supplement Listing Act of 2022—a bill that would require manufacturers, packers, and/or distributors of dietary supplements to submit key product information to FDA for inclusion in a public database.
The Ninth Circuit has upheld a preliminary injunction stopping the filing or prosecution of new Prop. 65 lawsuits concerning acrylamide pending the outcome of a lawsuit by the California Chamber of Commerce challenging the Prop. 65 warning for acrylamide as violating the First Amendment.
Businesses continue to feel the pain from the deluge of website accessibility complaints filed by vision-impaired individuals and organizations representing the vision-impaired. Much of the problem is due to the lack clear government direction as to whether commercial websites are covered by the ADA and if so, what is required with respect to accessibility. The U.S. Department of Justice DOJ initiated rulemaking concerning website accessibility in 2010, but that effort was withdrawn in 2017.
A California law taking effect January 1, 2022 requires that plastic beverage containers subject to the California Refund Value (CRV) must include at least 15 percent recycled content. The amount of recycled content increases to 25 percent in 2025, and to 50 percent in 2030.