Hunton Retail Law Resource

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 theory, and could not cure those deficiencies through amendment. For defendants in the food and beverage industry, the decision confirms that early-stage pleading challenges can be a powerful tool where UPF plaintiffs are unable to connect particular products to their alleged harms. 

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 understand the contours of California’s “compostable” standard and begin developing internal mechanisms to ensure compliance and avoid unexpected production pauses or enforcement actions.

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 telephone equipment. Notably, the TCPA provides for the recovery of statutory damages, meaning that each violation (that is, each text message or call) gives rise to potential statutory damages of $500 to $1500. Recent years have seen a dramatic increase in TCPA litigation, costing businesses a pretty penny. For retailers seeking to mitigate litigation risk and costly settlements, we have compiled some practical guidance on TCPA compliance to help head off future claims.

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 Columbia. Businesses selling goods into the District of Columbia (physically or virtually) should be aware of potential claims initiated by public interest groups that may be pursued against them under the CPPA.