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A new ultra-processed foods (“UPF”) matter was filed in Vermont this week, adding to the small but growing number of state-led actions focused on the food and beverage industry’s research, development, and marketing practices.


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The first major personal injury case in the country targeting ultra-processed foods (“UPFs”) is over – and it ended in a decisive defense win. On June 30, the U.S. District Court for the Eastern District of Pennsylvania dismissed Martinez with prejudice, holding that the plaintiff failed to plead actual injury tied to specific products, failed to identify a viable causation t...


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Starting in June 2027, California’s “compostable” labeling standard will prohibit certain products from being labeled as “compostable,” even if they are ASTM-certified. This is particularly important considering California’s Extended Producer Responsibility (EPR) law, which will require covered products to be either recyclable or compostable by 2032. Regulated entities should...


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Businesses of all kinds increasingly rely on text messages and promotional calls to engage customers. While these channels can be highly effective marketing tools, their use can also expose businesses to potential liability under the Telephone Consumer Protection Act (TCPA). Enacted in 1991, the TCPA was designed to restrict telephone solicitations and the use of automated te...


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Newly formed “public interest organizations” have increasingly been using an expansive consumer protection statute in the District of Columbia as a basis for claims against merchants across the country for unfair or deceptive trade practices. These claims recently have been directed at businesses—both small and large—who are selling online and shipping into the District of Co...


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