Ann Grimaldi

Two years after Proposition 37 failed at the California polls, the California Senate has introduced S.B. 1381, which, like Proposition 37, would require labeling of genetically engineered (GE) foods. A violation of the labeling requirements would be considered a misbranding violation under the California Sherman Food, Drug and Cosmetic Law and, along with the imposition of civil penalties and injunctive relief, could be prosecuted as a misdemeanor. Like the private enforcement provision of Proposition 65, "any person" may bring a lawsuit obtain injunctive relief to remedy a violation; although the bill would not authorize a private plaintiff to seek civil penalties…

On April 29, 2014, the Vermont House of Representatives passed a substantially revised version of S.239, a toxics in consumer products bill introduced by the Vermont Senate in January 2014. GLO previously reported on the Vermont Senate version of the bill, which would require manufacturers of consumer products containing chemicals of very high concern to notify the Vermont Department of Health and to pay $2,000 per such chemical. The amended bill has substantially narrowed the scope of consumer products that would be subject to its provisions. Among the changes in the House version: The bill's scope has been narrowed to children's consumer…

On April 17, 2014, a coalition of 13 Attorneys General voiced their objections to the draft Chemicals in Commerce Act in a letter to United States House Representatives John Shimkus (R-IL) and Paul Tonko (D-NY).  The Attorneys General's primary objection was the perceived overly broad preemption provisions, which, according to the letter, would deprive states of their ability to protect their citizens and environment.  The following states were represented in the letter:  California, Connecticut, Hawaii, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New York, Oregon, Vermont and Washington. Grimaldi Law Offices previously reported on the draft Chemicals in Commerce…

On March 27, 2014, the Vermont Senate approved S.239, a bill that would require manufacturers of consumer products to report the presence of "chemicals of high concern" in their products or product components and pay the Vermont Department of Health $2,000 per chemical.  Under the bill, the Department also would be authorized to ban the sale of consumer products containing chemicals of high concern.  The Vermont House is expected to approve the proposed legislation, and the bill could be enacted into law for an effective date of January 1, 2015. For the most part, S.239 appears to be narrower in…

The federal Freedom of Information Act requires federal agencies to provide public access to their records, subject to certain limitations.  FOIA's goal is to ensure an informed citizenry and agency accountability.  At the same time, FOIA and states' equivalent laws recognize the need to protect trade secrets and confidential business information (CBI), preventing such documents from being disclosed to the public if certain requirements are met.  Such protection is critical to the successful implementation of countless federal and state regulatory programs and leads to a circular conundrum:  Agencies need certain company sensitive information in order to fulfill their regulatory mandates,…