Insights on Consumer Products

Advertising regulation continues to evolve through a steady accumulation of federal rulemaking, state legislation, and active enforcement under longstanding deception principles. Meanwhile, the plaintiffs’ bar is increasingly treating advertising compliance failures as class action opportunities.

Fully autonomous vehicles (i.e., those that can operate on public roads without a human driver, SAE level 4), now mostly in the form of ride-hailing services, are becoming ubiquitous in urban areas across the nation as manufacturers and operators look to expand their services and gain market share.

The 2026 Winter Olympics in Milano-Cortina has captivated the world, but not just for the athletic feats on display.

Gift card cash redemption laws — also known as “cash-out” laws — require retailers to refund the remaining balance on a gift card in cash when that balance falls below a specified dollar threshold. These consumer protection statutes are designed to prevent small, unusable balances from becoming “breakage” that benefits the retailer rather than the consumer. Several states have enacted such laws, each with varying thresholds and requirements.

When most consumer product companies think about the Consumer Product Safety Commission (CPSC), they think recalls and injury prevention.

The US market is both coveted and feared by overseas consumer‑product suppliers. Coveted for its scale and purchasing power, with fear that US product‑liability litigation inevitably follows sales.

Advertising & Promotions Partner and Consumer Products Industry Group Co-Leader Matt Mills will speak on a panel titled “The New Politics and Policy of Made in the USA Claims” on February 5, 2026.

Per- and polyfluoroalkyl substances (PFAS) are used as intentionally added ingredients in some cosmetic formulations, primarily on account of their water- and oil-resistance and long-lasting properties, for conditioning and smoothing the skin and hair, or for modifying product consistency and texture.

Prop 65 Counsel: What To Know

On January 6, the US Food and Drug Administration (FDA) released two significant updates potentially important for companies operating in the consumer health technology space.

For the first time in 26 years, the US Food and Drug Administration (FDA) has proposed adding a new active ingredient to the list of permissible sunscreen actives in the United States.

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

Prop 65 Counsel: What To Know

The New Mexico Environment Department (NMED) recently proposed broadly applicable labeling requirements for all products (including consumer products) that contain intentionally added per- or polyfluoroalkyl substances (PFAS) — the first such requirements in the nation.

Now in its 13th year, the Patent Trial and Appeal Board (PTAB) remains a central forum for resolving patent validity disputes.

Prop 65 Counsel: What To Know

Two recent dismissals in the per- and polyfluoroalkyl substances (PFAS) class action landscape expose a significant weakness in these claims.

Consumer Products Industry Group co-leader, Lynn R. Fiorentino, presented at the 2025 American Conference Institute (ACI) Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products West Coast Edition.

Prop 65 Counsel: What To Know

On August 22, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed rule establishing a new Proposition 65 no-significant-risk level (NSRL) for diethanolamine (DEA), first listed for cancer in 2012.

The US Environmental Protection Agency (EPA) has submitted a proposed revision to the Toxic Substances Control Act (TSCA) reporting rule for per- and polyfluoroalkyl substances (PFAS) to the White House Office of Management and Budget (OMB) for review.

In an order filed on August 12, the US District Court for the Eastern District of California ruled that California’s Proposition 65 cancer warning requirement for certain listed forms of titanium dioxide (airborne, unbound particles of respirable size) in cosmetics and personal care products is unconstitutional under the First Amendment.

On August 6, the US Food and Drug Administration (FDA) issued an update regarding the use of per- and polyfluoroalkyl substances (PFAS), specifically fluoropolymers such as polytetrafluoroethylene (PTFE), in medical devices. The FDA concluded that, based on current scientific evidence, there is no reason to restrict the continued use of fluoropolymers in medical devices.

In October 2024, Grizzly Research LLC issued the so-called Grizzly Report, which shared the results from its testing at four different laboratories across the United States, Germany, and China to compare the presence of per- and polyfluorinated alkyl substances (PFAS) in The Hershey Company’s packaging with competitors like Nestlé and Ferrero.

A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and distributing vehicles to prevent theft?