The Learned Concierge - July 2025, Vol. 21
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – June 2025, Volume 30.
New York Enacts Algorithmic Pricing Disclosure Requirements: Effective Date of New AI Disclosure Quickly Approaching
Myriah Jaworski, Chirag Patel, and Ali Bloom authored an article, “New York Enacts Algorithmic Pricing Disclosure Requirements: Effective Date of New AI Disclosure Quickly Approaching.”
States everywhere are considering whether and how to best regulate business use of artificial intelligence (“AI”). While the California Privacy Protection Agency (“CPPA”) recently struck all references to AI from its proposed privacy regulations, other states like Colorado continue to forge ahead, despite, for example, attempts to postpone the effective date of the Colorado AI Act. This is all the while the federal government debates whether to issue a 10-year moratorium on state AI laws.
ESG & Sustainability
U.S. Extended Producer Responsibility Compliance for Packaging and Paper Products Begins: Is Your Business Ready?
Maram Salaheldin and Jacqueline Scoboria authored an article, “U.S. Extended Producer Responsibility Compliance for Packaging and Paper Products Begins: Is Your Business Ready?”
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, and food service ware. Determining who is an obligated producer, what is a covered material, and whether exemptions may apply requires an evaluation of both business operations and applicable requirements, which vary from state to state, to avoid potential financial penalties.
Smart and Sustainable Food Packaging Trends
From biodegradable films to smart labelling systems, food packaging innovations are transforming the way we protect, store, and transport what we eat.
These advancements address critical global concerns—reducing plastic waste, extending shelf life, and improving food safety—while keeping pace with modern consumer expectations.
As environmental awareness grows and supply chains become increasingly complex, brands and researchers are exploring sustainable materials, intelligent packaging, and waste-reducing design. Click here to read more.
FDA Approves Three Food Colors from Natural Resources
The FDA recently approved three new color additives derived from natural sources. This approval follows the goal of phasing out petroleum-based dyes in the US’s food supply. The new additives are: galdieria extract blue, butterfly pea flower extract, and calcium phosphate. The FDA determines whether an additive is safe to use by analyzing the anticipated human dietary exposure, the additive’s toxicological data, and other relevant information, such as published literature. Once the FDA approves a color additive petition, any manufacturer can use the color for the approved uses specified by the FDA. Click here to read more.
Small Plastic Bottle Ban Coming to Hotels in Illinois
Starting July 1st, hoteliers with 50+ rooms must eliminate single use plastic toiletry bottles (6 oz. or less). Smaller hotels will be required to comply starting in 2026. This initiative began with legislation in August of 2024 designed to lessen the impact of pollution from microplastics found in the Great Lakes. Click here to read more.
Food Labelling
Food Warning Labels in Texas Would Appear on Many Popular Products Under Bill Awaiting Governor’s Signature
A new health warning label may soon appear on many food and beverage packages in Texas thanks to a bill passed by state lawmakers.
Senate Bill 25, if signed into law by Gov. Greg Abbott, would require food manufacturers to include the following warning on their products if they contain any of the more than 40 chemicals listed in the bill, including common artificial dyes like Red 40. Click here to read more.
What Researchers Found When They Compared Food Labels in 17 Countries
Can a combination of fat, salt, and sugar make food irresistible? Research suggests it can. HPFs, which are engineered with specific levels of fat, sugar, and sodium, appear to activate the brain’s reward systems in a way that drives overeating and contributes to obesity. These foods can trigger a desire to eat that is not based on hunger, but rather on the stimulation of reward pathways. It is important to note that “wanting” (the motivation to eat) and “liking” (the sensory pleasure of eating) are considered distinct in neuroscience, with HPFs particularly implicated in increased ‘wanting’ that drives excess intake. Although most studies focus on the United States, multinational food companies operate globally. To understand how food environments around the world are shaped, further research using international data is urgently needed. Click here to read more.
Immigration
Trump Says There Will Be “Temporary Pass” for Migrant Farm, Hotel Workers
President Trump said that there will be a temporary pass issued for migrants working at farms and in the hospitality industry to allow employers to have more control after the administration sent mixed messages about exceptions in its mass deportation efforts.
Trump said he wants to support farmers and that the administration will establish a program to allow a pass for migrant workers in the industry. Click here to read more.
International Trade
Rexolex Files New Trade Case Against Imports of Oleoresin Paprika from India
Mark Ludwikowski, Aristeo Lopez, Kevin Williams, and Kelsey Christensen authored an article, “Rexolex Files New Trade Case Against Imports of Oleoresin Paprika From India.
Rezolex, Ltd. Co. (“Petitioner” or “Rezolex”) filed new petitions against imports of oleoresin paprika (“ORP”) from India. The antidumping (“AD”) petition alleges that the imports from India are sold at less than fair value. The countervailing duty (“CVD”) petition alleges that the imports are unfairly subsidized by the government of India.
Labor & Employment
Employers: A Cautionary Tale About New Cyber Threats Involving Employee Handbooks
Vanessa Kelly, Maria Dwyer, and Melissa Ventrone authored an article, “Employers: A Cautionary Tale About New Cyber Threats Involving Employee Handbooks.”
Clark Hill has a robust cybersecurity and privacy practice group and a team of employment attorneys. The cyber unit’s work benefits all practice areas they learn about the newest risks facing clients. Recently, their work has uncovered a devious hacker ploy involving electronic distributions of employee handbooks.
The Fashion Industry’s Legal Makeover: What the New York State Fashion Workers Act Means for the Fashion World
Jonathan Roffe and Madison Mull, authored an article, “The Fashion Industry’s Legal Makeover: What the New York State Fashion Workers Act Means for the Fashion World.”
The New York State Fashion Workers Act (“FWA”), effective June 19, represents a significant shift in labor protections for the modeling industry. As the first U.S. law to impose fiduciary duties, contract transparency, and AI consent requirements specifically on model management companies, the FWA aims to address longstanding gaps in how models are treated under the law, especially those working as independent contractors.
Industry Trends
MAHA Bill Means New Warning Labels on Menus, Restaurant Owner Concerned: “What’s Next?”
Last year, Louisiana passed a law forcing restaurants to display a warning label on their menus if their crawfish or shrimp are imported out of state. With Senate Bill 14, restaurants would be slapped with a new label, this time for cooking with seed oils. Click here to read more.
Buy Now, Pay Later Loans Will Factor into Americans’ Credit Scores
FICO plans to launch a suite of credit scores later this year that incorporates BNPL data, providing lenders a window into what’s been a big blind spot: consumers’ repayment behavior on these increasingly popular installment loans.
BNPL loans can serve as an alternative to credit cards and are used by consumers who are seeking more flexible payment options, who want to overcome a tight financial spot, or who are looking to smooth out some bigger transactions to better meet their budgets. Click here to read more.
FDA-NIH Launch National Regulatory Science Program
A program launched jointly by the FDA and the NIH as part of the US’s Health and Human Services Secretary’s mission to Make America Health Again. “With diet-related chronic diseases continually rising, it is imperative that the FDA and NIH work in lockstep to invest in gold standard science, prioritize a better understanding of the root causes to end the diet related chronic disease crisis and safeguard the health of America’s children.” The current focus is on ultra-processed foods, how certain food additives impact health, and the impact of maternal and infant dietary exposures on health outcomes across the lifespan, including autoimmune disease. Click here to read more.
This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.