Insights on Consumer Products
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The wellness and longevity industry is booming, and many brands are branching into supplements. The US Food and Drug Administration (FDA) and consumer class action lawyers judge your product the same way: What does it promise, and can you back that up? A lawsuit can arrive before the FDA ever does.
On September 30, 2026, Governor Gavin Newsom signed Senate Bill 690 (SB 690). The bill ends private lawsuits under the California Invasion of Privacy Act (CIPA) for pen register and trap-and-trace claims under Penal Code Section 638.51 when those claims arise from conduct on a website, online application, or mobile application.
Here is a sentence you do not read often: a court accepted that a “Made in USA” product was probably made mostly from foreign material and still dismissed the case.
On September 20, Governor Gavin Newsom signed Senate Bill 1078 (Chapter 420), which adds Section 1749.52 to the California Civil Code.
Trademark Partner, Luna Samman, will speak on the “Fame or Foe? Risks for Traditional and Non-Traditional Trademarks” panel at the MARQUES 2026 Annual Conference in Lisbon, Portugal.
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?
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.
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 August 19, the Federal Trade Commission (FTC) issued a proposed enforcement policy statement putting businesses on notice that using consumers’ personal data to set individualized prices without clear disclosure may violate Section 5 of the FTC Act.
Since the COVID-19 pandemic, remote depositions have gone from emergency workaround to everyday practice. Advocates praise remote depositions for their reduced costs, lessened travel, and increased flexibility, while ignoring the credibility concerns that arise when parties are not in person.
On July 31, the California Court of Appeal, Second District, affirmed the dismissal of a Proposition 65 enforcement action in Consumer Protection Group, LLC v. Signal Brands, LLC, holding that a prior consent judgment entered in a separate private enforcement action barred the subsequent suit under res judicata.
A federal court just issued a multimillion trade dress disgorgement award, and within a month, the defendant filed for bankruptcy.
On August 18, the DC Circuit handed down its decision in Chamber of Commerce v. EPA, unanimously upholding the US Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — and in doing so, unlocked the law’s powerful enforcement tools against two per- and polyfluoroalkyl substances (PFAS) compounds.
ArentFox Schiff is pleased to announce that Partner Ehsun Forghany has been named to Benchmark Litigation’s 40 & Under List, recognizing him amongst the “best and brightest litigators across the US.”
Counsel Judah Prero was quoted on recent legal challenges to the US Environmental Protection Agency’s (EPA) approval and registration of three new active pesticide ingredients that environmental groups say are harmful due to their designations as per- and polyfluoroalkyl substances (PFAS).
On July 22, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing and administering Proposition 65 enforcement, released draft amendments to the Proposition 65 warning regulations as part of its “Omnibus 2026” pre-rulemaking process.
ArentFox Schiff is pleased to announce that Managing IP has listed 17 attorneys among the 2026 IP STARS, recognizing them as leaders in their firm and jurisdiction.
At the midpoint of 2026, the agriculture industry is navigating a complex and ever-changing legal landscape shaped by the evolution of artificial intelligence (AI), trade and capital-market uncertainty, regulatory reform, and other policy issues.
A lawsuit against sneaker brand On asks how much national pride a label can sell before it crosses the line into deception.
ArentFox Schiff announced today the addition of an elite trademark and brands team anchored by highly ranked brand and copyright attorney Jason Garcia and globally recognized trademark attorney Katherine (Katy) M. Basile.
On July 20, President Trump issued a proclamation imposing an additional 50% ad valorem duty on Canadian-origin alcoholic beverages imported into the United States, effective 12:01 AM ET, August 19. The action is a direct, sector-matched response to Canada’s provincial bans on the purchase, distribution, and retailing of US alcoholic beverages, which have been in effect across virtually all provinces and territories since March 2025.
“Hand made in Austin, Texas” may sound like a charming selling point, but the Federal Trade Commission (FTC) isn’t convinced. On July 6, the FTC issued warning letters to seven companies for questionable domestic-origin claims, covering products from drums and industrial lasers to coordinate measuring machines and e-cigarettes.
Prop 65 Counsel: What To Know