The Learned Concierge - November 2025, Vol. 25
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Upcoming Webinar
The New Health Data Laws Every Retailer Must Know
Speakers: Paul Schmeltzer and John Howard
November 12, 2025 | 1:00 PM – 2:00 PM (ET)
Click here to register.
State laws like Washington’s My Health My Data Act and Nevada’s SB 370 are redefining what counts as health data—casting a wide net over common retail signals such as location, browsing behavior, loyalty IDs, and ad tags when linked to sensitive topics like pregnancy, fertility, contraception, or even vitamins.
In this essential session, we’ll break down the fast-evolving compliance landscape, including:
- Consent requirements
- Geofencing bans
- Sensitive data sale rules
- Vendor contracting
- California’s new ADMT/AI rules and their impact on product recommendations and fraud screening
Attendees will leave with a clear understanding of how these laws affect advertising, analytics, and data monetization, as well as actionable insights for retailers on how to adapt data practices and mitigate risk in a rapidly shifting regulatory environment.
Alcohol Law
Can Distilleries Ship Spirits Direct-to-Consumer in California? California’s New Spirits Shipping Law Explained
Michael Laszlo and Jason Canvasser authored an article, “Can Distilleries Ship Spirits Direct-to-Consumer in California? California’s New Spirits Shipping Law Explained.”
Yes, as of January 1, 2026, distilleries will be permitted to ship spirits direct-to-consumer in California under the state’s groundbreaking new alcohol shipping law, Assembly Bill 1246, signed by Governor Gavin Newsom on Oct. 3rd. This landmark legislation creates a one-year pilot program that could fundamentally reshape spirits distribution in the nation’s largest consumer market. Distilleries must act quickly to understand compliance requirements and prepare for this significant market opportunity.
The law goes into effect on January 1, 2026, and expires January 1, 2027—giving the industry exactly one year to demonstrate compliance and viability.
Construction
An Owner’s Checklist When Embarking on a Construction Project
Ted Degenhardt and Scott Garbo authored an article, “An Owner’s Checklist When Embarking on a Construction Project.”
Even the most sophisticated owners can become overwhelmed when embarking on a new construction project. Whether the project is new construction or a renovation, any construction project is loaded with risks for the owner. The best and most cost-effective way to limit these risks is to address the issues at the beginning of the project. To this end, this article provides a high-level checklist to guide owners on construction projects. While this checklist is by no means exhaustive, it will provide owners with a good start to ensuring the project proceeds smoothly.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – October 2025, Volume 34.
The California Opt Me Out Act: What it Means for Businesses Subject to the California Consumer Privacy Act
Melissa Ventrone and John Howard authored an article, “The California Opt Me Out Act: What it Means for Businesses Subject to the California Consumer Privacy Act.”
On Oct. 8, California Governor Gavin Newsom, signed the California Opt Me Out Act (“AB566”) into law. AB566 amends the California Consumer Privacy Act (“CCPA”) by requiring companies that develop or maintain internet browsers to create an opt-out preference signal (“OOPS”) that will allow consumers to configure it to opt out of the sale or sharing of their personal information. The new law intends to allow consumers to use the OOPS to communicate their preferences without having to do so on every website they visit.
NY Algorithmic Pricing Act Withstands First Amendment Challenge
Myriah Jaworski, Chirag Patel, and Ali Blook authored an article, “NY Algorithmic Pricing Act Withstands First Amendment Challenge.”
In June 2025, New York enacted a series of new consumer protection requirements as part of the Transportation, Economic Development and Environmental Conservation Article VII Legislation section of the FY 2026 New York State Executive Budget (the “Ted Bill”).
The Ted Bill included the Algorithmic Pricing Disclosure Act (“the Act”), a mandatory disclosure requirement for covered companies that use algorithmic-driven dynamic pricing. We covered the specific requirements of the Act in our prior June 2025 article.
AI Raises the Bar for Alcohol Advertising Standards
The Advertising Standards Authority (ASA) has published the results of a world-leading trial using artificial intelligence to monitor alcohol advertising, finding that around 96% of ads are likely to comply with industry rules.
While compliance across alcohol brands was high, the alcohol-free sector showed more frequent issues. Nearly half (48%) of alcohol-free product ads were flagged for potential breaches, primarily due to unclear or missing ABV labelling. Click here to read more.
ESG & Sustainability
Truth in Green Advertising: Lessons from a $1.5-Million Class Action Settlement
Kraig Jennett and Maram Salaheldin authored an article, “Truth in Green Advertising: Lessons from a $1.5-Million Class Action Settlement.”
As customers increasingly demand more sustainable products, companies understandably want to meet that demand. However, overstating or misrepresenting the sustainability of their products or services can come with a steep cost, including financial and reputational harm. Even the best intentions can face legal challenges, but adequate substantiation and legal review can help reduce the risk. This settlement offers several important lessons for companies that want to make green marketing claims about their products or services.
Food Labeling
Texas Proposes Regulation Implementing Warning Label Requirement
The Texas Department of State Health Services (DSHS) has published its proposed rule (see p. 29, 50 TexReg 6301) implementing The “Make Texas Healthy Again” law (SB25) that was signed in June 2025, as we previously blogged. The law includes a provision requiring on-pack warning labels for food and beverage products that contain any of 44 listed substances, including certified food colors and titanium dioxide. Click here to read more.
UPF Food Labeling is Coming – But in What Form?
Ultra-processed foods could soon be immediately recognizable front-of-pack. Click here to read more.
California to Require Food Allergen Labels on Menus by 2026
Starting in 2026, restaurant chains in California will be required to list major food allergens on their menus in a first-of-its-kind law.
Gov. Gavin Newsom signed the bill Monday, making California the first state to require allergen labeling for restaurants with 20 or more locations.
Under the new law, menus must identify items containing milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy or sesame — the most common allergens — when restaurants know or “reasonably should know” those ingredients are present. Click here to read more.
Immigration
Trump’s $100,000 H-1B Fee Draws Rare Rebuke from US Business
Business groups, including the National Federation of Retailers, joined together to lobby President Trump to reconsider the $100,000 visa fee, citing its negative impact on the US economy and the country’s ability to recruit, hire, and retain top talent. Click here to learn more.
International Trade
U.S. Expands Section 232 Tariffs to Wood Products
Mark Ludwikowski, Kevin Williams, Aristeo Lopez, Kelsey Christensen, and Laura Quesada authored an article, “U.S. Expands Section 232 Tariffs to Wood Products.”
On Sept. 29, President Trump issued a Proclamation expanding Section 232 tariffs to cover imports of timber, lumber, and their derivative products. These include common household products such as cabinets, vanities, and certain furniture products.
Labor & Employment
HR By the Numbers: Thresholds for Employer Coverage
Jonathan Vegosen authored an article, “HR By the Numbers: Thresholds for Employer Coverage.”
Given recent developments in labor and employment laws, employers may wish to review whether certain laws apply to them based on their current employee counts and whether they have appropriate policies and practices in place to comply with them. Click here to review a summary of certain federal and Illinois laws that may be of interest.
Litigation
The Ubiquitous Nature of PFAS Regulation and Litigation
Ashley Buck authored an article, “The Ubiquitous Nature of PFAS Regulation and Litigation.”
Litigation surrounding per- and polyfluoroalkyl substances (“PFAS”), commonly referred to as “forever chemicals,” seems to be as ubiquitous as PFAS allegedly is. Days ago, on Sept. 29, the United States District Court for the District of Columbia dismissed a lawsuit brought in August 2024 by, among others, Texas farmers, which alleged the United States Environmental Protection Agency’s (“EPA”) failure to regulate PFAS in treated sewage sludge used as fertilizer (also known as biosolids) violates federal law, namely, the Clean Water Act.
Industry Trends
Supermarket Store Trends Driving Refrigeration Needs at the Perimeter
Retailers are responding to shopper demand for convenient, fresh foods while also preparing for EPA regulations on refrigerants. Success today depends on the refrigeration systems that keep food fresh, appealing, and safe, while also supporting energy efficiency and sustainability goals. Retailers that adapt now can stay ahead of the curve – and regulations – while keeping up with shopper trends. 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.