All Perspectives

Kamanta Kettle was quoted discussing the public dispute between beauty entrepreneur Molly Sims and Jones Road Beauty, over the use of the product name “Wide Awake.”

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?

AFS Partner Lauren Wolven will present at Northern Trust’s Advisor Forum on September 18 in Chicago, Illinois.

Judah Prero was quoted examining the implications of the US Court of Appeals for the Fifth Circuit’s decision to vacate the US Environmental Protection Agency’s (EPA) methylene chloride rule and underlying risk assessment.

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.

Partner and Longevity & Healthspan Industry Group Co-Leader, Thorne Maginnis, will moderate the “Status, Wellness & the Evolving Consumer Economy” panel at Brand Forward, The Fashion Law’s annual conference, on September 17, 2026.

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.

ArentFox Schiff is pleased to announce that Chairman Anthony V. Lupo has been named to the Forbes 2026 America’s Top Lawyers list.

International Trade & Investment Counsel, Sylvia Costelloe, will speak at the Society for International Affairs (SIA) 2026 AI Regulations Workshop on September 16.

ArentFox Schiff is pleased to announce that Gabriel Levinson has joined the firm as its Real Estate Litigation Practice Leader in New York.

AFS Counsel Fredrick Weber will present at the Greater North Shore Estate & Financial Planning Council’s breakfast meeting on September 16, 2026, in Skokie, Illinois.

Bankruptcy Partner Scott Lepene moderated a discussion of the recent challenges in the Regional Sports Network marketplace at ABI’s Midwest Regional Bankruptcy Seminar on September 15.

Life Sciences Industry Group Co-Leader Stephanie Trunk was quoted discussing how pharmaceutical manufacturers are responding to the Trump Administration’s Most Favored Nation (MFN) drug pricing initiative, which seeks to align US drug prices more closely with lower prices charged in certain foreign markets.