Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Blog Authors

AB C D E F G H I J K L M N O PQR S TUV WXY Z

Christopher A. Cole

Cheryl A. Falvey

Mark A. Klapow

Roy Abernathy

Joselle Albracht

Crowell and Moring

Latest from Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Recalls in Review: Lead-Related Recalls

By Carolyn Wagner & Colleen Johnson

April 30, 2021

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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. As people increasingly turn to online shopping over traditional brick-and-mortar stores, consumers, safety advocacy groups, and regulators alike have begun to pay more attention to the authenticity and safety of products. One particular concern is the presence of lead in consumer products, which is toxic if ingested and can cause adverse health issues. The Consumer Product Safety Commission has regulated lead…

Retail & Consumer Products Law Observer

Recalls in Review: Exercise Equipment

By Carolyn Wagner & Colleen Johnson

March 30, 2021

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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. The demand for consumer exercise equipment soared over the past year as Americans sought out ways to stay in shape while spending more time at home. As more Americans create their own “home gyms” and purchase exercise equipment such as stationary bikes, treadmills, weights, and resistance bands, we will likely see an increase in the number of injuries typically associated with…

Retail & Consumer Products Law Observer

California Enacts Supplemental COVID-19 Paid Sick Leave, Which Includes Vaccination-Related Absences

By Thomas P. Gies, Ira Saxe, Suzanne Rode & Kimberley Johnson

March 25, 2021

California Governor Newsom signed into law a new bill, SB 95, that provides for up to 80 new hours of COVID-19 supplemental paid sick leave to covered employees. The law applies to all businesses with more than 25 employees, and goes into effect on March 29 through September 30, 2021. SB 95 retroactively applies to qualifying leave taken on or after January 1, 2021. Employers are not required to review sick leaves granted since…

Retail & Consumer Products Law Observer

New York State Requires Employers to Provide Paid Leave to Obtain COVID-19 Vaccinations

By Kris D. Meade, Trina Fairley Barlow, Thomas P. Gies, Eric Su, Ira Saxe & Lynn Hsieh

March 18, 2021

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The New York State legislature recently passed a bill (S2588A/A3354B), signed into law by Governor Cuomo on March 12, 2021, which amends the New York Labor Law and Civil Service Law to grant private and public employees paid leave time for the COVID-19 vaccination. The law is effective March 12, 2021 and will expire on December 31, 2022. Under the new law, employers are required to provide employees with paid leave of absence…

Retail & Consumer Products Law Observer

March 10 Webinar: Counterstrategies at the U.S. ITC & Beyond

By Crowell and Moring

March 9, 2021

On March 10, Crowell & Moring’s ITC Section 337 practice co-lead, Josh Pond, and counsel, Preetha Chakrabarti, will lead a discussion titled, “2021: Year of the Knockoff – Counterstrategies at the U.S. ITC & Beyond.” The COVID-19 pandemic has led to an exponential rise in e-commerce, as well as counterfeiting. With it harder than ever to touch and experience products before purchase during the pandemic, 2021 is poised to be the “Year of…

Retail & Consumer Products Law Observer

Maryland’s Digital Advertising Tax: A Contentious Start, and an Uncertain Future

By Starling Marshall, Preetha Chakrabarti, Christopher A. Cole & Roy Abernathy

February 23, 2021

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Maryland became the first U.S. state to create a digital advertising tax on February 12, 2021. The Digital Advertising Gross Revenue Tax (DAGRT) was originally passed in March of 2020, but subsequently vetoed by Maryland Governor, Larry Hogan. Maryland’s legislature voted to override the Governor’s veto, however. The contentious journey for DAGRT passage is likely to be overshadowed by a litigious future. DAGRT (full text here) imposes a progressive tax on the sale…

Retail & Consumer Products Law Observer

Recalls in Review: Candles and Candle-Related Products

By Carolyn Wagner & Colleen Johnson

January 31, 2021

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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. As winter temperatures continue to drop and we’re all looking for a way to feel cozy, many Americans reach for candles as a way to bring some light into their homes during these dark months. We don’t need to detail why candles – hi, open flames and hot wax! – regularly attract the CPSC’s attention in their mission to keep consumers…

Retail & Consumer Products Law Observer

New National Standard for Flammability of Upholstered Furniture

By Carolyn Wagner & Eric Stahl

January 22, 2021

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A new nationwide standard for upholstered furniture flammability was signed into law on December 27, 2020 as part of the Consolidated Appropriations Act, 2021, which includes the COVID–19 Regulatory Relief And Work From Home Safety Act. This legislation embraces the California Technical Bulletin (TB 117-2013) for testing the smolder resistance of materials used in upholstered furniture. The California standard has been mandatory in that state since 2015, so the standard should already be on the…

Retail & Consumer Products Law Observer

Recalls in Review: IoT Products

By Carolyn Wagner & Colleen Johnson

December 29, 2020

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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. “Smart” homes and personal electronic devices are no longer a futuristic ideal. Millions of internet-connected phones, TVs, wearable fitness trackers, home security devices, home appliances, and digital assistants are in use in the United States today. The internet of things (“IoT”) is the use of network sensors in physical devices to allow for remote monitoring and control. These devices have made…

Retail & Consumer Products Law Observer

CDC Updates Its Guidance for Necessary Quarantine Period

By Trina Fairley Barlow, Thomas P. Gies, Eric Su, Katie Erno & Lynn Hsieh

December 4, 2020

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On December 2, 2020, the Centers for Disease Control and Prevention (the CDC) updated its guidance regarding how long an individual must quarantine after being exposed to COVID-19. While the CDC continues to endorse a quarantine period of 14 days after last exposure, it has now provided two additional options for how long quarantine should last. Based on the availability of COVID-19 testing, individuals without symptoms can shorten their quarantine period to 10 days after…