Hunton Retail Law Resource

In June 2023, EPA announced the dates for the 2024 submission period for information required under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule. The information is collected every four years from manufacturers and importers of certain chemicals in commerce, generally when production volumes for those chemicals are 25,000 pounds or greater in a given reporting year. The 2024 submission period runs from June 1, 2024 to September 30, 2024.

A longer version of this blog post originally appeared as an article in Retail TouchPoints: Policing Your Brand on Online Marketplaces: an Intellectual Property Guide for Retailers. Further duplication is not permitted.

Retailers often face brand policing challenges on online resale platforms such as Wayfair, Overstock.com, and eBay. Resellers account for a significant portion of retail sales on these websites. Resellers tend to be small to midsize entities but are nevertheless able to reach a large number of US consumers. It’s thus unsurprising that problems arise daily, often relating to brand owners’ dissatisfaction with the third-party resellers and their sales practices.

Since the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana in June 2022, trial courts in California have grappled with how to address the non-individual portion of a plaintiff’s PAGA claim that remains in court when a plaintiff’s individual PAGA claim is compelled to arbitration.[1]  Most trial courts have found it appropriate to stay the non-individual portion of the PAGA claim until the arbitration’s conclusion because that outcome would determine whether the employee retains standing to proceed in court.  On July 17, 2023, in the highly anticipated decision of Adolph v. Uber Technologies, the California Supreme Court addressed several questions in the post-Viking River landscape, including the propriety of staying non-individual PAGA claims pending the completion of arbitration.