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New litigation risks relating to greenwashing claims
  • Dorsey & Whitney LLP
  • USA
  • October 11 2012

As discussed in a post a few weeks ago by my colleague, Lynnda McGlinn, one of the newer types of consumer class action litigation relates to the concept of greenwashingthe claim that a company is making unsubstantiated representations about the eco-friendly nature of a product or service

Newly amended green guides provide useful assistance for green products
  • McGuireWoods LLP
  • USA
  • October 11 2012

Is your marketing department or advertising firm calling your product "eco-friendly" or telling consumers it is "made with renewable energy" or that it is "recyclable"?

Come on baby light my fire: OEHHA establishes safe harbor levels for a common flame retardant found in flexible polyurethane foams used in upholstered furniture and baby products compliance begins October 28
  • Greenberg Traurig LLP
  • USA
  • October 12 2012

The Office of Environmental Health Hazard Assessment, the agency responsible for maintaining the list of chemicals subject to California’s Proposition 65, recently adopted a regulation defining the "No Significant Risk Level” for tris (1,3-dichloro-2-propyl) phosphate at 5.4 micrograms per day

French MEP feeds foie gras furor
  • Shook Hardy & Bacon LLP
  • France, USA
  • October 19 2012

French MEP Francoise Castex has reportedly condemned California’s statewide ban on the production and sale of any product that is “the result of force-feeding a bird for the purpose of enlarging its liver beyond normal size,” calling the prohibition on foie gras “a battle for Europe.”

Golden Rice study criticized on ethical grounds
  • Shook Hardy & Bacon LLP
  • China, USA
  • September 14 2012

A recently published study involving transgenic rice has reportedly drawn criticism from Greenpeace China, which has accused U.S. researchers of using Chinese children “as guinea pigs in a genetically engineered ‘Golden Rice’ trial.”

Commercial pesticide company to pay $12.5 million for criminalcivil FIFRA violations
  • Shook Hardy & Bacon LLP
  • USA
  • September 21 2012

A major U.S. commercial pesticide manufacturer will pay $12.5 million in criminal fines, civil penalties and restoration projects for violating provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by applying insecticides to bird-food products, falsifying product registration documents, and distributing unregistered pesticides

California’s proposed green chemistry regulations could cause companies to see red
  • Squire Patton Boggs
  • USA
  • September 25 2012

California’s proposed Safer Consumer Products (SCP) regulations, the first of California EPA’s regulations to implement its Green Chemistry Initiative if adopted as presently drafted will have a significant impact on virtually all companies manufacturing, selling or distributing consumer products in California, regardless of where they are manufactured or produced

Proposition 37 presents potential risks for businesses
  • Sidley Austin LLP
  • USA
  • October 23 2012

On November 6, 2012, California voters will decide Proposition 37, “The California Right to Know Genetically Engineered Food Act”

Chemicals banned in the 1970s lead to $450m suit today
  • Rogers Townsend & Thomas PC
  • USA
  • October 23 2012

Numerous drinking water wells near the small town of McBee in Chesterfield Country, SC, are contaminated with ethylene dibromide ( EDB ) and dibromochloropropane (DBCP

Largest criminal fine and civil penalty ever used under the Federal Insecticide, Fungicide, and Rodenticide Act imposed on the Scotts Miracle-Gro Company
  • Sullivan & Worcester LLP
  • USA
  • October 26 2012

In one of the most widely publicized enforcement actions ever brought under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) the Scotts Miracle-Gro Company (“Scotts”) of Marysville, Ohio pleaded guilty to crimes, entered into a civil Consent Agreement and Final Order (CAFO) with the U.S