On July 1, the California Department of Resources, Recycling, and Recovery (CalRecycle), a California agency tasked with implementing the state’s sustainability laws, released its latest draft of regulations for California...more
Although English and French are both recognized as official languages of Canada, Quebec continues to enact laws which are directed to maintaining its unique cultural identity through the use of the Charter of the French...more
Welcome to the June edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law. In May 2025, Maryland and Washington became the latest states to join a growing trend...more
Beginning July 1, 2025, producers of a wide range of packaging and paper materials, as well as products that use such materials, are prohibited from selling or distributing such products in the state of Colorado, unless they...more
Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer...more
Minnesota is now the fifth state—joining Maine, Oregon, Colorado, and California—to pass what are called “extended producer responsibility” laws, in line with a growing trend across the country. In 2024, Minnesota enacted the...more
The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands. Aldi has previously used...more
In the June edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, black mold is not gold, cane sugar is not a...more
Extended Producer Responsibility (EPR) compliance deadlines have arrived in the U.S., with additional deadlines quickly approaching, particularly for Oregon and Colorado, for “producers” of certain packaging, paper products,...more
All Wrapped Up: Extended Producer Responsibility for Packaging, April 2025 - All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a...more
Key Takeaways - What Is Happening? On March 7, 2025, Governor Newsom declined to adopt CalRecycle’s initial draft regulations under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act...more
Key Takeaways - - Effective January 1, 2026, products must meet far more stringent requirements to be labeled as "compostable" or "home compostable." - Most packaging currently labeled as compostable is not compliant with...more
The final amendments to the Québec Charter of the French Language (“Charter”) introduced by Bill 96 will come into force on June 1, 2025. These changes relate to how non-French trademarks can appear on commercial signage and...more
Maryland and Washington have joined the growing cohort of US jurisdictions that require producers of packaging and paper products to finance – and ultimately improve – the systems for disposing of these “covered materials” in...more
Washington state has enacted E2SSB 5284 (the Act), which creates an extended producer responsibility (EPR) program for packaging and paper products that may apply to the item's manufacturer, brand licensee, brand owner,...more
A lot is going on in the extended producer responsibility (“EPR”) packaging world this month. Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws. And this week, just a...more
On May 13, 2025, Maryland became the sixth U.S. state to enact an extended producer responsibility (“EPR”) law for packaging with Governor Moore’s approval of SB 901, passed by the Maryland legislature on April 7, 2025....more
Under Oregon’s Extended Producer Responsibility (EPR) law, the deadline for producers of consumer packaging, paper and food serviceware to register and report their production of such materials to the Circular Action Alliance...more
This third installment in our series highlights the focus on children’s product safety at the 2025 International Consumer Product Health and Safety Organization (ICPHSO) symposium. This year’s symposium featured a range of...more
While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more
If you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there’s no clear answer, a recent decision provides some guidance on what NAD expects....more
All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a subscription-based resource for King & Spalding clients who sell or distribute just...more
In 2021, California enacted the SB 343 – “Truth in Recycling Law” – which generally prohibits companies from using the “chasing arrows” symbol or otherwise implying that a product or package is recyclable, unless the...more
With Extended Producer Responsibility (EPR) packaging laws rapidly expanding across the U.S. and globally – producers, retailers, and sustainability leaders are facing unprecedented pressure to prepare for a new wave of...more
The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said...more