The Learned Concierge - October 2025, Vol. 24
The Learned Concierge
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.
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Alcohol Law
Are Influencers’ Social Media Posts Promoting Alcohol Beverages Subject to TTB’s Advertising Regulations?
If a social media influencer (SMI) posts content that directly or indirectly advertises an industry member, brand, or specific product, we may consider such posts made by the SMI as advertisements that must follow TTB’s advertising rules. Click here to read more.
Briefing Completed for 6th Circuit Review of Challenge to Ohio Retail Shipping Laws
The 6th Circuit is being tasked once again to review a state alcohol law related to out of state retailers. Recall the 6th Circuit already ruled for Michigan in 2021 on a challenge to their retailer laws.
Briefs seeking to overturn the district court’s decision in favor of Ohio have been filed by the appellant and by an amicus in support.
The State of Ohio has filed its brief as has the intervenor. An amicus brief was filed by the Center for Alcohol Policy and an amicus brief was filed by The Wine and Spirits Wholesalers of America and America’s Beverage Licensees.
The 6th Circuit will set oral argument for later this year and a decision will likely be issued in the first half of 2026. Click here to read more.
What the 2025 U.S. Federal Government Shutdown Means for Alcohol Beverage Companies
As of Oct. 1, the U.S. federal government has entered a shutdown, and this has direct implications for wine businesses that rely on federal agencies like the TTB and FDA. Click here for a quick overview of what alcohol beverage companies should expect.
Cybersecurity & Privacy
The Monthly Rundown of All Things Cyber, Privacy, and Technology
Click here to read the Right to Know – September 2025, Volume 33.
California Privacy Protection Agency Fines Tractor Supply $1.35 Million for Privacy Violations
The California Privacy Protection Agency (CPPA) announced that Tractor Supply Company will pay a $1.35 million fine and overhaul its business practices to resolve violations of the California Consumer Privacy Act (CCPA). The CPPA found that the retailer failed to provide proper privacy notices, did not inform job applicants of their rights, lacked effective opt-out mechanisms, and disclosed personal information without proper contractual safeguards. This marks the largest fine in the CPPA’s history and highlights the importance of protecting not just consumer data, but also job applicants’ information. Tractor Supply must also implement remedial measures and certify compliance annually for four years. The decision reflects the CPPA’s ongoing commitment to broad enforcement of California’s privacy laws across industries and is a reminder that all companies need to be cognizant of the privacy requirements in the states with such laws and need to pay attention to what their privacy policies say.
Colorado’s AI Law Delayed Until June 2026: What the Latest Setback Means for Businesses
Michael Laszlo authored an article, “Colorado’s AI Law Delayed Until June 2026: What the Latest Setback Means for Businesses.”
Colorado’s AI law has become a major focus for employers nationwide as they prepare to navigate laws governing decision-making tools powered by artificial intelligence following the 2024 enactment of SB 24-205. However, the state’s groundbreaking AI law has faced another setback after contentious negotiations during the recent special session collapsed. Lawmakers passed a special-session bill on August 26th to delay the Colorado law’s effective date five months to June 30, 2026, allowing more time to consider revisions.
Food & Beverage
Taking a Responsible Approach Ahead of The Incoming Food Advertising Restrictions
A major change in food and drink advertising regulation is coming into force from 1 October. As part of the Government’s anti-obesity strategy, and to encourage product reformulation, advertising restrictions will apply across TV and the internet for adverts showing identifiable food and drink products that are defined as ‘less healthy.’ Click here to read more.
Food Labeling
Nu-Bake from RIBUS Provides a Clean Label Path as Regulations Tighten and Consumer Demand Grows
As new food labeling laws take effect in Texas, and other states consider similar measures, there is a growing demand on manufacturers to simplify ingredient lists. The patented ingredient, rice bran extract, offers a clean label alternative to typical synthetic additives, helping brands “future-proof” their products to meet both regulatory requirements and consumer expectations. keep pace with both regulatory requirements and consumer expectations. Click here to read more.
Feds Catch Grocers Labelling Imported Items as Canadian Amid Trade Wars
The Canadian Food Inspection Agency (CFIA) found dozens of cases in which major grocers were mislabeling imported items as Canadian-made, amid tensions caused by U.S.-Canada tariffs. The CFIA told Daily Hive in an email that it saw an increase in complaints “related to country-of-origin claims on food labels or in advertisements,” receiving a total of 167 complaints between Nov. 1, 2024, and Sept. 1, 2025. Click here to read more.
Immigration
Potential Government Shutdown and the Impact on U.S. Immigration Processes
Martin Uribe Francia authored an article, “Potential Government Shutdown and the Impact on U.S. Immigration Processes.”
As the possibility of a federal government shutdown looms, employers should prepare for disruptions to key immigration processes. A shutdown affects federal agencies differently depending on their funding sources and operational mandates.
International Trade
Trade War ‘Tariff Hacking’: Retailers Get Creative with Consumer Shipping Strategies, But It Could Draw Scrutiny
Retail companies spanning from the luxury sector to lower-value goods are using a tariff arbitrage strategy within their supply chains to lower tariff bills and keep costs down for consumers.
The business model, called B2B2C (business-to-business-to-consumer), is changing the way retailers handle orders placed by consumers on a company’s website. Typically, an item purchased online is directly sold to the consumer. But with President Trump’s trade war hitting the retail sector hard and hitting many manufacturing hubs where retailers source goods with high tariffs, this type of transaction is now more often being handled through a middleman company that acts as a merchant of record, acting on behalf of the retailer as a U.S. entity. Click here to read more.
Federal Circuit Invalidates Trump’s IEEPA Tariffs on Global Imports
Mark Ludwikowski, Kevin Williams, Aristeo Lopez, Kelsey Christensen, and Laura Quesada authored an article, “Federal Circuit Invalidates Trump’s IEEPA Tariffs on Global Imports.
In a landmark ruling, the U.S. Court of Appeals for the Federal Circuit has affirmed that the President lacks authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports. The decision, issued en banc on Aug. 29, strikes down a series of tariffs that President Donald J. Trump imposed earlier this year on goods from Canada, Mexico, China, and nearly every major U.S. trading partner.
Labor & Employment
Pay Transparency Keeps Expanding Across States
Multiple states brought new or expanded wage‑range disclosure rules online in 2025 (including Illinois, Minnesota, New Jersey, Vermont, and Massachusetts). For multi‑state chains, this means auditing job ads, offer letters, and internal postings for jurisdiction‑specific triggers and disclosures.
California’s New AI/ADS Employment Regulations Take Effect (Oct. 1)
California’s Civil Rights Council finalized regulations clarifying how the Fair Employment in Housing Act (FEHA) applies to employers’ use of artificial intelligence and other automated‑decision systems in hiring, promotion, and other employment decisions. The rules stress anti‑discrimination obligations, recordkeeping, and accountability for vendor tools.
AI Reshapes Hiring Plans: Fewer Postings, More Upskilling
According to the New York Federal Bank’s Liberty Street Economics, businesses report scaling back some hiring due to AI, while emphasizing reskilling of existing workers over layoffs. For frontline industries, that suggests investing in cross‑training and internal mobility.
New Research: AI ‘Self‑Preferencing’ and Bias Risks in Resume Screening
Fresh academic work from Cornell University finds large language models may favor resumes they generated over human‑written ones, and other studies show biased callback patterns when models exhibit race‑based preferences. Employers using AI for screening should add human oversight and conduct regular audits.
New Federal Tax Deductions Affect Hourly and Tipped Workforces
Under the One, Big, Beautiful Bill Act (Public Law 119‑21), the IRS confirms new deductions beginning in tax year 2025—including a deduction for qualified overtime pay (generally up to $12,500, or $25,000 for joint filers) and deductions related to tips—subject to limits and guidance. These provisions do not change wage‑hour obligations but do impact employee take‑home pay and communications, and require greater record keeping for employers who must advise employees on overtime that may qualify for tax-free status. Only the portion of pay that is the overtime premium is eligible for tax-free treatment.
Hiring Slows While Unemployment Stays Relatively Low
Recent private‑sector data point to slower hiring and softer job openings in late summer 2025. Reuters reported that ADP showed a September decline in private payrolls, reflecting caution amid policy uncertainty and AI shifts—conditions that can squeeze service‑sector recruiting and retention.
Industry Trends
First INFORM Consumers Act Enforcement Case Filed Against Online Marketplace Temu
Online marketplaces and third-party sellers seeking a refresher on the INFORM Consumers Act should turn to the recent settlement with Whaleco, Inc., which runs the online marketplace Temu. The complaint claims the company did not provide online shoppers with the required information and tools. This is the first case brought to enforce the INFORM Act.
The INFORM Act, which went into effect in 2023, seeks to make online transactions more transparent. If your business sells through online platforms, check out What Third Party Sellers Need to Know About the INFORM Consumers Act. This covers what sellers are impacted by the INFORM Act, what you can expect online platforms to require of you, and what information platforms must disclose about you to consumers. It also answers some questions you may have about the law. Click here to read more.
Free Speech in the Workplace Has Limits
In the wake of the shooting of conservative activist Charlie Kirk, employees in various industries have been terminated for their social media posts about his death. Employees may erroneously believe that the First Amendment gives them free reign to express their political opinions; however, the First Amendment does not apply to the private sector. Some states have limited protection for engaging in political activity, but in most areas, employees may be terminated at-will. Employers are asking themselves whether the speech aligns with the cultural values or mission of the organization and are carefully thinking about the impact of bad publicity from the employee’s social media post upon their brand. While this is not a new phenomenon, it is getting a fair amount of national attention. Click here to learn more.
MAHA Commission Unveils Sweeping Strategy to Make Our Children Healthy Again
The Make America Healthy Again Commission today released the Make Our Children Healthy Again Strategy, a sweeping plan with more than 120 initiatives to reverse the failed policies that fueled America’s childhood chronic disease epidemic. The strategy outlines targeted executive actions to advance gold-standard science, realign incentives, increase public awareness, and strengthen private-sector collaboration. Click here to read more.
How Brands and Retailers Are Preparing for GEO, ‘The Future of SEO’
After years of retooling their businesses for search engines, brand and retail leaders say they are getting ready for a new frontier: GEO.
The term, which means generative engine optimization, refers to optimizing web content to show up in results from AI-driven search platforms, like ChatGPT or Google Gemini. It’s a new way for brands to stand out and reach customers, especially considering that nearly 60% of U.S. consumers have used a generative AI tool for help with online shopping, per an August 2025 survey from Omnisend. If a customer asks an AI engine about buying lip gloss or a T-shirt, the relevant brands want to make sure they show up. Click here to read more.
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