The Consumer Product Safety Commission has proposed a Direct Final Rule implementing the new federal upholstered furniture flammability standard. The Direct Final Rule, published by the CPSC on April 9, 2021, would codify California’s TB 117-2013 flammability standard as mandated by Congress, but with the following significant clarifications:
Continue Reading CPSC Proposes Clarifications for New Furniture Flammability Regulation
A new bill in the California Assembly has the potential to alter substantially the existing legal framework of products liability for online retailers.
Continue Reading New California Bill Would Impose Strict Products Liability on All Online Retailers
Congress has passed a law mandating nationwide compliance with California’s flammability standard for upholstered furniture.
Continue Reading National Flammability Standard for Upholstered Furniture to Take Effect in June 2021
Earlier this year, The Retail Equation, a loss prevention service provider, and Sephora were hit with a class action lawsuit in which the plaintiff claimed Sephora improperly shared consumer data with The Retail Equation without consumers’ knowledge or consent.
Continue Reading Multiple Retailers Sued Under CCPA for Sharing Data Used to Identify Fraudulent Returns
Two putative class actions recently filed in the Northern District of California preview a new theory of consumer claims relating to per- and polyfluoroalkyl substances. Rather than rely on alleged omissions or representations about health risks, the plaintiffs claim that they relied on marketing statements that indicated the products they purchased were disposable and would completely degrade over time and that the presence of PFAS in the products means those marketing statements were false.
Continue Reading Is a Wave of PFAS Consumer Class Actions on the Horizon?
The City of Los Angeles joined San Diego County and issued an Order that requires certain workers to wear cloth face coverings.
Continue Reading The City of Los Angeles Orders Face Coverings for Certain Workers and Customers, and Requires Certain Employers to Provide Them
In a favorable decision for retailers, a California federal court judge scaled back a proposed class action seeking to bring nationwide class claims. Plaintiff Todd Carpenter alleged that he bought a rodent habitat at a California PetSmart and that the habitat was defective in such a way that his rodents were able to chew through and escape. He filed a class action in the US District Court for the Southern District of California for violations of California consumer protection laws, violation of the Magnuson-Moss Warranty Act and common law fraud. The plaintiff sought to represent a nationwide class consisting of all purchasers of the rodent habitat along with a California subclass. PetSmart moved to strike the nationwide class on the grounds that the court lacked personal jurisdiction over PetSmart with respect to the nationwide class.
Continue Reading Federal Judge Scales Back Nationwide Class Claims in Case of Escaping Gerbils
In light of the various restrictions on retail businesses being issued nationwide to fight the spread of COVID-19—such as the “safer at home” orders issued in Los Angeles County and throughout the entire State of California last week—one Southern California city is taking action to support local businesses, while continuing to push compliance with the new legal restrictions.
Continue Reading Supporting Local Retail in a Time of Local Restrictions
The Federal Trade Commission entered proposed final orders settling June 2018 charges filed against several online marketers of e-cigarettes, dietary supplements and skin creams for deceptively advertising “risk free” trial offers.
Continue Reading FTC Stops “Free Trial” Marketers
A newly proposed amendment to the Healthy Workplace Healthy Family Act of 2014 would expand paid sick leave to require employers to provide 40 hours, or 5 days, of sick leave by the employee’s 200th calendar day of employment. Additionally, employers are only able to cap the amount of paid sick leave a worker earns to 80 hours, or 10 days. Finally, the employer is required to allow an employee to carry over up to 5 days of sick leave into the following year of employment. This amendment would necessarily have a negative impact on California retailers, both large and small.
Continue Reading New California Proposition Seeks to Expand Paid Sick Leave Requirement from Three to Five Days