Hunton Retail Law Resource

Hunton’s 2025 Retail Industry Year in Review offers an in-depth examination of key challenges and developments that impacted retailers last year, as well as insights into what the industry can expect in 2026. With topics that include agentic AI, trends in privacy laws, tariff duty refunds, algorithmic pricing, food and beverage legal trends, retail M&A activity, and consumer data in bankruptcy, we hope this proves useful and insightful to you. We look forward to supporting you in the year ahead.

The New York City Department of Consumer and Worker Protection (DCWP) and its new Commissioner, Samuel Levine, are moving quickly to advance a new era of consumer protection, with an initial focus on app-based delivery companies. The first lawsuit filed by DCWP under Levine reveals a specific tactic that will get the attention of this and other industries: suing company CEOs in their individual capacities.

The updated 2025–2030 Dietary Guidelines for Americans (“DGA”) were released on January 7, 2026 by the U.S. Departments of Health and Human Services and Agriculture.  While the Guidelines do not carry the force of law, they exert substantial influence in shaping federal procurement standards (e.g., school meals and SNAP benefits), nutrition labeling and marketing regulations, and the factual baseline used in consumer product litigation.

The past year saw the California Air Resources Board (CARB) grapple with implementation of California’s climate disclosure laws, SB 253 (Climate Corporate Data Accountability Act) and SB 261 (Climate-Related Financial Risk), both of which were enacted in 2023 with first compliance deadlines in 2026.

Pay transparency laws, which require employers to include pay information in job postings, have been on the rise. Colorado and California enacted such laws in 2021 and 2023 respectively.  In 2025, several states have decided to join California and Colorado by enacting or expanding pay transparency laws.

In September 2025, a new Texas law took effect requiring food producers doing business in the state to place warning labels on products containing any of 44 specified artificial colors, chemicals, and additives.  The labeling requirement applies to products manufactured on or after January 1, 2027, after which violations may trigger penalties of up to $50,000 per day.

Retail and consumer products companies in the United States face a constant threat of patent infringement lawsuits and—for reasons described herein—that threat could soon increase.

After more than 40 days of gridlock, Congress appears close to a deal to reopen the federal government. The Senate has reached an agreement in principle on a package of appropriations and continuing resolutions, but both chambers must still complete votes before funding is enacted. A full reopening may take several more days. During the shutdown, the US Securities and Exchange Commission (SEC) has been operating with only a small emergency staff to handle matters posing an immediate threat to markets or investors; the agency’s core review and interpretive functions have been effectively paused.

Over the past few years, retailers and online businesses with California-accessible websites have been forced to grapple with the California Invasion of Privacy Act (CIPA)—a statute originally designed to protect telephonic communications but now frequently invoked by the plaintiffs’ bar in connection with online tracking technologies.

On October 8, 2025, California Governor Gavin Newsom signed first-of-its-kind legislation that will gradually phaseout – and ultimately ban – ultra-processed foods (“UPFs”) in the state’s public schools.