The Learned Concierge - July 2026, Vol. 31

The Learned Concierge

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.

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AI Governance

FTC Seeks Public Comment on AI Accuracy and Transparency

On Jul. 1st, the FTC announced a request for public comment on a proposed policy statement addressing concerns that AI companies may manipulate output in ways that diverge from consumer expectations. The proposal highlights growing regulatory attention to AI governance, transparency, and potential deceptive practices.

Retailers, restaurants, and hospitality operators using AI for customer interactions, marketing, workforce management, or operational decision-making should review AI governance frameworks and oversight procedures. Click here to learn more.

AI Agents Deliver Faster ROI and Accelerate Customer Service Automation

AI agent adoption in customer service has increased from 39% to 66% over the past year, with 70% of organizations reporting measurable value within 60 days of deployment. Companies are increasingly using AI agents to resolve customer inquiries, improve productivity, and streamline service operations. 

For retailers, hospitality operators, and food & beverage companies, expanding use of AI-powered customer service tools may help reduce response times and operating costs, but it also raises important considerations around AI governance, data privacy, customer disclosures, and oversight of automated decision-making. The emergence of outcome-based pricing models, where companies pay only when AI successfully resolves an issue without human intervention, could further accelerate adoption. Click here to learn more.

Consumer Protection & Advertising

FTC Warns Companies Regarding “Made in USA” Claims

During July, the FTC continued highlighting enforcement of its Made in USA Rule and reminded businesses that product origin claims must be properly substantiated. Consumer-facing brands should review advertising, product packaging, website content, and marketing materials to ensure origin claims meet regulatory requirements. This is especially relevant for retailers and food & beverage companies promoting domestic sourcing initiatives. Click here to learn more.

Cybersecurity

The Monthly Rundown of All Things Cyber, Privacy, and Technology

Click here to read the Right to Know – July 2026, Volume 43

FTC and States Sue Hims & Hers Over Alleged Consumer Privacy Violations

On Jul. 29th, the FTC, joined by California and Utah authorities, filed suit against Hims & Hers, alleging the company shared consumers’ sensitive health information without adequate authorization. The action underscores regulators continued focus on consumer data collection, use, and sharing practices. Retailers, hotels, restaurants, and loyalty program operators should evaluate vendor relationships and data-sharing arrangements involving customer information. Click here to learn more.

Environmental

State-Led PFAS Regulation Continues Despite Federal Rollback Efforts

A coalition of state attorneys general formally opposed EPA proposals to roll back certain PFAS drinking water standards during July. The dispute highlights the continuing divide between federal and state approaches to PFAS regulation and signals that states are likely to continue pursuing aggressive regulation of “forever chemicals” regardless of federal policy changes. 

Retailers, restaurants, hotels, and foodservice operators should continue evaluating potential PFAS exposure in food packaging, textiles, cookware, cleaning products, and other operational materials. Expanding state-level restrictions may significantly affect procurement practices, supplier certifications, packaging decisions, and compliance planning. Click here to learn more.

ESG & Sustainability

Gap Meets Sustainable Cotton Sourcing Goals While Emissions Progress Remains Uneven

Gap reported that it sourced 100% of its cotton from sustainable sources in fiscal 2025, achieving a key sustainability milestone, while reporting mixed progress toward certain emissions-reduction goals. The report reflects a broader trend of companies facing increased pressure from investors, consumers, and regulators to demonstrate measurable ESG performance and provide greater transparency around environmental commitments. 

For retailers, hospitality companies, and food & beverage brands, the development highlights the growing importance of supply chain transparency, sustainable sourcing verification, and ESG reporting controls. As scrutiny of sustainability claims continues to increase, companies should ensure public ESG commitments are supported by reliable data and documented progress to reduce reputational and potential greenwashing risks. Click here to learn more. 

July 2026 Updates on California’s Climate Disclosure Laws: SB253 Rulemakings and Another CARB Workshop

Maya Patel and Maram Salaheldin authored an article, “July 2026 Updates on California’s Climate Disclosure Laws: SB253 Rulemakings and Another CARB Workshop.”

California regulators confirmed in July that the state’s climate disclosure requirements remain on track, despite ongoing litigation and regulatory revisions. Companies subject to SB 253 should continue preparing for greenhouse gas emissions reporting, with initial reporting deadlines now expected in late 2026 and expanded requirements anticipated in 2027. 

For retailers, hospitality companies, and food & beverage businesses, the rules could require greater tracking of emissions across operations, supply chains, transportation, business travel, and purchased goods. Companies should continue strengthening ESG reporting processes, internal controls, and data collection systems to prepare for future disclosure obligations.

Food & Beverage

Private Label Continues to Gain Market Share

Private label products continued to outperform national brands during the first half of 2026, with store-brand unit sales increasing 0.2% while national brand unit sales declined 0.5%. Private label’s share of unit sales reached a record 24%, driven in part by strong growth in beverage and refrigerated categories and increased adoption among Gen Z and millennial shoppers. 

For retailers, food & beverage companies, and hospitality operators, continued private-label growth is reshaping competitive dynamics, supplier relationships, and product development strategies. As consumers increasingly embrace store brands, companies should evaluate pricing strategies, branding initiatives, co-manufacturing partnerships, and supply chain capabilities to remain competitive in a rapidly evolving marketplace. Click here to learn more.

New California Law Replaces ‘Sell By’ Labels on Food Packaging

Beginning Jul. 1st, California became the first state to ban the use of consumer-facing “sell by” dates on food products, requiring manufacturers instead to use standardized labels such as “Best if Used By” for quality and “Use By” for safety. The change is intended to reduce consumer confusion, decrease food waste, and create greater consistency across food packaging. More states are considering similar legislation, and a federal standard has also been proposed. 

For retailers, restaurants, hotels, and food & beverage manufacturers, the new requirements may influence packaging updates, inventory management practices, labeling compliance, and consumer communications. Because California often sets national market trends, many companies may choose to standardize labeling across all markets rather than maintain state-specific packaging requirements. Click here to learn more.

FDA Releases Resource Clarifying Food Ingredient and Packaging Terminology

The FDA released a reference guide explaining key food ingredient and packaging terms commonly used in food labeling, regulatory compliance, and product development. The guide covers concepts such as food additives, color additives, GRAS (Generally Recognized as Safe) substances, food-contact materials, and packaging components that may interact with food. The resource is intended to help businesses better understand the terminology used in FDA regulations and safety assessments.

For retailers, restaurants, hotels, food manufacturers, and packaging suppliers, the guidance serves as a useful tool for product labeling, supplier communications, packaging selection, and regulatory compliance. As food supply chains become increasingly complex and consumer scrutiny of ingredients and packaging grows, companies should ensure internal teams understand FDA definitions and requirements to support accurate labeling, product development, and risk management. Click here to learn more.

Immigration

June 2026 Outbound Immigration and Global Mobility Recap | Americas

Lisa Atkins and Alexander Witt authored an article, “June 2026 Outbound Immigration and Global Mobility Recap | Americas.”

Canada announced several immigration developments in June, including the reopening of Quebec’s permanent residence pathways for eligible foreign workers and graduates, new family sponsorship intake limits, and a major redesign of Ontario’s immigrant nominee program. Ontario’s new Workforce Priority Stream will focus on addressing labor shortages by prioritizing candidates based on workforce needs and occupational demand.

June 2026 Outbound Immigration and Global Mobility Recap | APAC

Lisa Atkins authored an article, “June 2026 Outbound Immigration and Global Mobility Recap | APAC.”

Several countries across the Asia-Pacific region introduced new immigration and foreign worker compliance measures in June, including stricter foreign registration requirements in India, enhanced foreign worker approval processes in Malaysia, centralized work permit processing in the Philippines, and new digital immigration and health declaration requirements in Vietnam. These changes reflect a broader regional trend toward increased oversight, digitization, and compliance monitoring of foreign nationals and employers.

June 2026 Outbound Immigration and Global Mobility Recap | EMEA

Lisa Atkins and Josefina Botero authored an article, “June 2026 Outbound Immigration and Global Mobility Recap | EMEA.”

Several countries across Europe, the Middle East, and Africa introduced immigration and workforce-related changes in June, including new EU talent recruitment initiatives, stricter citizenship and work permit requirements, expanded employment permit pathways, and increased compliance obligations for employers hiring foreign workers. Many of the changes are designed to address labor shortages while strengthening oversight of foreign labor programs.

International Trade

New Section 301 Tariff’s Addressing Forced-Labor Import Policies Take Effect July 24, 2026

Kelsey Christensen, Laura Quesada, and Amal Sheheen authored an article, “New Section 301 Tariff’s Addressing Forced-Labor Import Policies Take Effect July 24, 2026.” 

On Jul. 23rd, the U.S. Trade Representative announced the results of its Section 301 forced-labor investigations, concluding that 60 economies failed to adequately prohibit or enforce restrictions on goods produced with forced labor. Effective Jul. 24th, most imports from these countries became subject to additional tariffs of 10% to 12.5%, unless a specific product exemption applies.

For retailers, hospitality operators, and food & beverage companies, the tariffs could significantly increase sourcing costs and create new supply chain challenges. Because the duties apply broadly across covered countries rather than specific industries, businesses importing apparel, textiles, consumer goods, food ingredients, packaging materials, furniture, fixtures, and hospitality-related products may face higher landed costs, pricing pressure, and procurement disruptions. Companies should review supplier networks, assess tariff exposure, verify HTS classifications, and evaluate alternative sourcing strategies as these duties may affect inventory planning, contract negotiations, and margin management throughout the remainder of 2026.

Particular attention should be paid to imports from countries heavily utilized in retail and consumer product supply chains, including Bangladesh, Cambodia, India, Indonesia, Malaysia, Mexico, Pakistan, and the United Kingdom. The USTR also indicated future tariff-rate quotas may be implemented for certain textile and apparel products, creating additional compliance and planning considerations for retailers and brands.

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