Fashion & Apparel Law Blog

California’s Legislature has been busy, proposing a number of bills that may affect California food retailers and manufacturers, should they be signed into law. Some could become effective as ...

https://www.retailtrendspotter.com/2024/02/new-bills-being-served-up-that-may-soon-impact-food-retailers-and-manufacturers/

Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contai...

https://www.retailtrendspotter.com/2023/11/the-intersection-of-prop-65-and-free-speech-a-recent-win-for-businesses/

Retailers may be getting overwhelmed by the number of states that have enacted “comprehensive” privacy laws, and with good reason. At this point, there are privacy laws in 12 states, with one...

https://www.retailtrendspotter.com/2023/07/state-privacy-law-roundup-what-health-care-companies-need-to-know/

The Federal Trade Commission’s (“FTC”) Endorsement Guides have evolved over the past forty years from regulating celebrity endorsements and testimonial advertisements to policing social med...

https://www.retailtrendspotter.com/2023/07/ftc-finalizes-revisions-to-the-endorsement-guides-proposes-new-rule-for-consumer-reviews-and-testimonials-and-updates-ftc-staff-guidance/

Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers again...

https://www.retailtrendspotter.com/2023/06/lizama-et-al-v-hm-a-lesson-in-artful-crafting-of-green-claims/

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited...

https://www.retailtrendspotter.com/2023/06/supreme-court-finds-warhols-commercial-licensing-of-orange-prince-to-vanity-fair-is-not-fair-use-and-infringes-goldsmiths-famed-rock-photo/

The Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continue to carry out the Biden Administration’s stated ...

https://www.retailtrendspotter.com/2023/05/restrictive-covenants-in-real-estate-next-antitrust-enforcement-target/

Candy and sports drink aisles in California grocery stores could look very different if AB418 is passed into law. The California Assembly has proposed amending the state’s Health and Safety Co...

https://www.retailtrendspotter.com/2023/04/new-california-bill-seeks-to-eliminate-certain-food-additives/

Retailers continue to be targeted by website accessibility lawsuits. Unfortunately, the legal landscape remains unpredictable and it varies greatly based on what jurisdiction a retailer is sued i...

https://www.retailtrendspotter.com/2023/04/website-accessibility-litigation-continues-to-be-costly-and-there-is-no-easy-fix/

Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deserv...

https://www.retailtrendspotter.com/2023/03/how-to-succeed-in-environmental-marketing-claims/