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Consumer Products Counselor
Insights on Legal Issues Facing the Consumer Products Industry
By: Greenberg Traurig, LLP
David G. Barger
Brett A. Castellat
Ed Chansky
Frank Citera
Brett M. Doran
Michelle L. DuCharme
Quinn Ford
Maria C. Garcia˘
Michael R. Goodman
Jordan Grotzinger
Caitlyn E. Haller
Rob Herrington
Aaron S. Klein
Kathleen M. Kline
Lucia L. Marker-Moore
Kaitlyn R Maxwell
Thomas J. McKee, Jr.
Gretchen Miller
Erica Okerberg
Gregory E. Ostfeld
James P. Ponsetto
Justin Prochnow
Jeff E. Scott
David E. Sellinger
Rick L. Shackelford
Symone Shinton
Michael R. Sklaire
Brian D. Straw
Nancy E. Taylor
David G. Thomas
Aaron Van Nostrand
Will Wagner
Latest from Consumer Products Counselor
From Cans to Labels: Effects of Government Activity on the Craft Beer Industry
By Kathleen M. Kline & *Jamie Brazier (UK)
Resiliency and innovation are hallmarks of the craft brewing industry. From experimenting with new ingredients to finding ways to survive in the face of prohibition, developing creative solutions to challenges is something we've come to expect from our favorite craft brewers. 2018 tested that resiliency, both politically and economically. Trade policy has created a shifting playing field, with tariffs threatened and enacted, and trade agreements proposed and dismantled. 2018 ended, and this year began, amidst…
State of California Passes Law Limiting Sugary Drinks Offered in Children's Meals
By Justin Prochnow & Michael R. Goodman
On Jan. 1, 2019, a new law aiming to limit children's intake of sugary beverages became effective. California Governor Gavin Newsom signed the "Children's Meals" law on Sept. 20, 2018, in an effort to combat the rising obesity rate in California, which increased 250 percent between 1990 and 2016. The Children's Meals law modifies the California Health and Safety Code to require that all California restaurants make the default beverages offered on a children's menu:…
Illinois Supreme Court Holds No Showing of Actual Harm Needed to State Claim Under Biometric Information Privacy Act
By Quinn Ford
In a unanimous decision issued Jan. 25, 2019, the Illinois Supreme Court held that a plaintiff need not plead or prove actual harm to bring a claim under Illinois' Biometric Information Privacy Act (BIPA). The court's decision in Rosenbach v. Six Flags Entm't Entertainment Corp. settles a split among Illinois' appellate courts, which centered on what a plaintiff needs to plead to be considered "aggrieved" under BIPA. BIPA, 740 ILCS 14/1, et seq, regulates how private…
VA Supreme Court Adopts Take Home Asbestos Liability Exposure
By David G. Barger, Thomas J. McKee, Jr., Michael R. Sklaire & Brett A. Castellat
On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer's action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should have known that an employee's clothing dusted with asbestos could be handled by others, the employer owed a duty of care…
It's the Law: Don't Sell Your Homebrew!
By Kathleen M. Kline
Homebrewing and drinking craft beer are both widely popular. Currently, there are more than 6,000 craft breweries in the U.S., and over 2,000 homebrew clubs. As brewing for fun and profit has become more widespread, the applicable legal framework has also developed – and compliance is just as important for hobbyists as for professionals. At the outset, it's important to note that homebrewing and commercial brewing are subject to very different sets of laws. The…
Illinois Proposes Stricter Lead Rules for Public Intervention, Enforcement Actions
Illinois is proposing a new rule that would lower the state's "action level" for children with lead in their blood. The new rule would also stiffen penalties for those who violate the Lead Poisoning Prevention Act and Code. The rule, proposed by the Illinois Department of Public Health (IDPH), would lower the threshold level of lead in a child's blood that would require state officials to intervene. Currently, that level is set at 10 micrograms…
Appellate Court Opens Door to Jury Trials in Proposition 65 Cases
By Will Wagner
The California Court of Appeal, First Appellate District (First District) recently reversed course on an important issue in the Proposition 65 world by indicating that a jury trial may be available to defendants in certain circumstances. The decision, Nationwide Biweekly Administration, Inc., et al., v. The Superior Court of Alameda County, Opinion, A150264, (June 13, 2018), rebuked both the legal reasoning and conclusion of the First District's precedent on the issue, DiPirro v. Bondo Corp.,…
Greenberg Traurig's Gene Livingston to Chair Prop 65 Clearinghouse Annual Conference
By Greenberg Traurig
Greenberg Traurig's Gene Livingston, shareholder and chair of the Proposition 65 & Green Chemistry Practice, will be chairing Prop. 65 Clearinghouse's 13th Annual Prop. 65 Conference at the Julia Morgan Ballroom in San Francisco. The Conference will take place on Monday, Sept. 24. According to the organization, attendees will be privy to hands-on advice from government, industry, and plaintiff organizations. The conference will include panels on the impact of OEHHA's changes to the Prop.…
Standing and the Right to Sue Under Illinois' Biometric Information Privacy Act
Greenberg Traurig Shareholder Brett M. Doran authored an article published in DRI titled "Standing and the Right to Sue Under Illinois' Biometric Information Privacy Act." The article examines Illinois Biometric Information Privacy Act (BIPA) class actions and how courts have treated challenges to plaintiffs' standing or right to sue. Click here to read the full article.…
Prop 65 Ruling Based on Old Science
Greenberg Traurig Shareholder Anthony J. Cortez and Associate Will Wagner co-authored an article in the Tea and Coffee Trade Journal titled "Prop 65 Ruling Based on Old Science," discussing a recent Proposition 65 ruling that affects the sale of coffee in the state of California. To read the full article, please click here.…
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