On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading
Recently, in a case that should remind retailers and their suppliers to consider their First Amendment rights as they relate to the regulation of product labeling, the Eleventh Circuit Court of Appeals held that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated a dairy company’s First Amendment rights relating to use of the term “skim milk.”… Continue Reading
The Maui County Liquor Control Commission, which regulates licenses for the importation, manufacture and sale of alcohol within Maui County, has liberalized certain County rules on the sale of alcohol: holders of liquor licenses are now generally permitted to sell alcohol to customers 24 hours per day. Retailers had previously been restricted to selling alcohol … Continue Reading
Complex product supply chains increase the risk of errors, defects and contamination at all levels of operation and can lead to staggering expenses for food and product manufacturers facing the risks and realities of product recalls. Hunton insurance coverage attorneys comment on a recent Third Circuit decision that illustrates the importance of taking the right steps to avoid invalidating insurance coverage for product recalls.… Continue Reading
On April 3, 2017, the Antitrust Division of the U.S. Department of Justice announced that it completed its review of Danone S.A.’s acquisition of The WhiteWave Foods Company Inc. In order to allow the 12.5 billion dollar acquisition to proceed, the Antitrust Division is requiring Danone to divest the Stonyfield Farms business to an independent buyer approved by the U.S. government.… Continue Reading
Emboldened by its recent victory in SAP v. Diageo, SAP may become even more opportunistic when it comes to auditing its customers’ use of various SAP products. Now is the time for SAP customers to review their existing contracts with SAP (and related technical solutions) to determine whether they are at risk for claims by SAP of impermissible indirect access and use of SAP products. … Continue Reading
With a new administration in the White House comes new leadership at the Consumer Product Safety Commission. Will this switch in CPSC leadership change how the CPSC regulates consumer products?… Continue Reading
On February 6, 2017, the FTC announced that it has agreed to settle charges that VIZIO, Inc., installed software on about 11 million consumer televisions to collect viewing data without consumers’ knowledge or consent. The stipulated federal court order requires VIZIO to pay 2.2 million dollars to the FTC and New Jersey Division of Consumer Affairs. … Continue Reading
On January 31, 2017, Acting SEC Chairman Michael Piwowar issued a statement instructing the SEC staff to reconsider whether its 2014 guidance on the conflict minerals disclosure rule is still appropriate and whether any additional relief for public companies is appropriate. A public comment period has been opened for the rule. … Continue Reading
Kelly Faglioni, a partner in Hunton’s Product Liability group, authored an article identifying and discussing approaches for managing risk that arises from complexity and ambiguity in product regulatory schemes including approaches to the question: To recall or not to recall? This blog post contains a link to Part 3 of the article. … Continue Reading
Kelly Faglioni, a partner in Hunton’s Product Liability group, authored an article highlighting the sources of ambiguity in the law that governs products in the U.S. and discusses that ambiguity as a purposeful tool in the regulatory tool belt. This blog post contains a link to Part 2 of the article. … Continue Reading
Kelly Faglioni, a partner in Hunton’s Product Liability group, authored an article highlighting the complex regulatory web that touches even the “simplest” of products for recall. This blog post contains a link to Part 1 of the article. … Continue Reading
On January 3, 2017, a Ninth Circuit panel weighed in on a growing split among circuits over Rule 23’s ascertainability requirement – in particular, the extent to which a plaintiff must prove there is an “administratively feasible” means of identifying class members. … Continue Reading
A review of the parties’ briefing on Bristol-Myers’s petition for a writ of certiorari in Bristol-Myers Squibb v. Superior Court highlights significant questions for companies in the retail industry should the U.S. Supreme Court deny the petition and thereby allow the decision to stand as controlling law in California. … Continue Reading
This past week, several consumer and self-regulatory actions made headlines that affect the retail industry. Continue reading for our weekly roundup. … Continue Reading
