Alerts

A federal court has temporarily blocked New Mexico’s first-of-its-kind requirement that manufacturers label a broad range of products containing intentionally added per- and polyfluoroalkyl substances (PFAS). But the most notable part of the decision is not that the state lost. It is how it lost.

A federal court in Washington has allowed a class action lawsuit to move forward against Costco, alleging that the retailer’s promise of “free shipping” on its website is a sham. The decision should put every e-commerce operator on notice.

In July 2025, the US Food and Drug Administration (FDA) issued a Warning Letter asserting that Whoop’s blood pressure estimation feature was a medical device requiring premarket clearance. In June 2026, the FDA issued a closeout letter resolving the matter.

The Eleventh Circuit affirmed a preliminary injunction against non-signatory third parties who helped a former business owner violate his noncompete agreement and build a direct competitor using the plaintiff’s confidential information, employees, and customer relationships.

On June 3, President Trump signed Executive Order (EO) 14411, “Strengthening Customs Enforcement,” which directed a sweeping overhaul of the importer of record (IOR) framework, restricted foreign IORs, raised penalty floors, imposed new disclosure and certification requirements, and directed the government to strengthen customs enforcement.

The rise of generative artificial intelligence (AI) has introduced a simple but important question for fashion brands: if you have permission to use a model’s photograph, does that also mean you can use AI to generate entirely new images of that model?

In this episode of “Tax Stuff You Should Know,” hosts Bob Pluth and Gene Magidenko discuss a significant Fifth Circuit reversal of its earlier decision addressing the self-employment tax treatment of limited partners. They revisit the determination of limited partner status for purposes of determining self-employment taxes and why that distinction can have major tax consequences for partnerships and their owners.

For decades, California’s vehicle-emissions waivers operated under a familiar understanding. The US Environmental Protection Agency (EPA) granted them, automakers planned around them, and states other than California adopted standards depending on them. Then EPA took the position that certain waivers should have been submitted to US Congress under the Congressional Review Act, potentially exposing long-settled decisions to congressional disapproval.

Last month, the US Food and Drug Administration (FDA) published a proposed rule that, if finalized, would result in a major overhaul of its Generally Recognized as Safe (GRAS) framework for ingredients and other substances added to human and animal food.

A federal judge in South Florida has dismissed a proposed class action accusing The Hershey Company of misleading consumers with packaging for Reese’s peanut butter pumpkins. The case turned on a familiar mismatch: the wrapper showed a pumpkin with carved eyes and a mouth, while the candy inside did not.

Headlines that Matter for Companies and Executives in Regulated Industries

Welcome to the September 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

The US Food and Drug Administration’s (FDA) enforcement machine does not take summer Fridays. On August 24, the agency’s Center for Drug Evaluation and Research (CDER) issued five Warning Letters to online peptide vendors.

What happens when a company sends a customer a photograph of its “American factory” and the photo is actually of a supplier’s facility in China? What about when it has foreign manufacturers print “Made in the USA” labels on products before they even leave the country? Or when it uploads a branch of the US military’s logo onto foreign-made body camera firmware to make the product look domestic?

A recent Fifth Circuit decision vacating the US Environmental Protection Agency’s (EPA) methylene chloride rule marks one of the most significant judicial interpretations of the Toxic Substances Control Act (TSCA) since the 2016 Lautenberg Act amendments.

The DC Council officially returned from its summer recess on September 16 after a break that began on July 15.

On September 11, the US Food and Drug Administration (FDA) issued a final administrative order removing aminobenzoic acid (commonly known as PABA) and trolamine salicylate from the list of permissible sunscreen active ingredients in the United States. This marks the first time the FDA has formally removed a previously allowable active ingredient for sunscreen products.

Utilities facing federal emergency orders intended to stall retirements now have a clearer understanding of the durability of such orders.

The US Department of Treasury and Internal Revenue Service (IRS) issued proposed regulations under Section 501(c)(3) last week to provide that a private school that discriminates on the basis of race, color, or national or ethnic origin in its educational, admissions, scholarship, athletic, or other policies is not operated exclusively for exempt purposes under Section 501(c)(3) and therefore does not qualify for exemption from federal income tax.

Cannabis businesses have built sophisticated state-law markets around licenses, testing rules, and commercial contracts. But as the Sixth Circuit just reminded the industry, those arrangements can still collapse in federal court if the underlying deal depends on conduct which runs afoul of federal law.

Last week, the US Food and Drug Administration (FDA) issued a public statement clarifying that the agency does not issue any documentation to verify compliance with cosmetic product facility registration or cosmetic product listing requirements.

On September 3, the US Securities and Exchange Commission (SEC) proposed to rescind Rule 206(4)-5 under the Investment Advisers Act of 1940, as amended, commonly known as the “pay-to-play” rule, along with related recordkeeping requirements under Rule 204-2(a)(18).

In Silver Fern Chemical, Inc. v. Lyons et al., No. 2:23-cv-00775-TL (W.D. Wash. Aug. 25, 2026), the US District Court for the Western District of Washington denied the defendants’ renewed motion for judgment as a matter of law and motion for a new trial following a jury verdict awarding $1,916,137 in damages for trade secret misappropriation under both the Washington Uniform Trade Secrets Act (WUTSA) and the federal Defend Trade Secrets Act (DTSA).

Headlines that Matter for Companies and Executives in Regulated Industries

In January 2025, the Gulf of Mexico became the Gulf of America by executive order. Then, on August 27, a second executive order was signed renaming Lake Ontario as “Lake America.”