Retail Industry Trade Regulation

The Retail Industry Trade Regulation Practice Group (“Retail Trade Practice Group”) specializes in representing retailers and suppliers in the regulatory aspects of their business. Clients include large retail chains, grocery and drug stores on a national, regional and independent level and suppliers to California retailers.

The Retail Trade Group represents clients in a wide variety of lawsuits, but particularly those involving false advertising, unfair competition, consumer class-action litigation, retail hazardous waste, Proposition 65, weights and measures, unfair business practices, consumer legal remedies, sales and use tax, and challenges to various state statutes, regulations and municipal ordinances affecting the retail industry. Our attorneys have a breadth of experience in all aspects of litigation and alternatives to litigation such as mediation, arbitration and negotiating with state and municipal regulatory and enforcement agencies to avoid litigation.

Rogers Joseph O’Donnell’s Retail Trade Practice Group regularly analyzes discrete issues of business practices for our retail and supplier clients, advising them on the effect of federal, state and local laws on their sales and operations in California and nationwide. We provide advice on such diverse areas as packaging, labeling, advertising, sales tax, licensing, internet and conventional sales and shipment of products, hazardous waste laws, toxic substance and consumer product safety laws. We have negotiated with federal, state and municipal agencies on behalf of our clients in resolving disputes and dealing with weights and measures, and environmental regulations, compliance with local ordinances and the sale of regulated products.

The Retail Trade Practice Group’s attorneys also specialize in analyzing and litigating a broad range of complex commercial* and environmental* cases.

Representative Cases and Issues:

Representation of major retailers and suppliers in false advertising and unfair business practices class action based on the sale of a mislabeled consumer product
Successful resolution of state actions brought against chain retailers for alleged unlawful handling and disposal of retail hazardous waste
Representation of major retailers and their suppliers in a multitude of Proposition 65 cases alleging failure to warn, including: Inflatable Children’s Toys and Sporting Goods (phthalates); Potato Chips, French fries (acrylamide); Coffee Products (acrylamide); Balsamic Vinegar (lead); Beef Products (PCB’s and dioxins); Brass Irrigation (lead); Cables (phthalates); Calcium Supplements (lead); Crystal (lead); Decorated Glass and Ceramic Ware (lead and cadmium); Electric Cords (phthalates); Farmed Salmon (PCB’s and dioxins); Fresh Fish (mercury); Jewelry (lead and cadmium); Fashion Accessories (phthalates); Lunch Boxes/Beverage Containers (phthalates); Smokeless Tobacco and Cigars (nicotine); Candy (lead); String Lights (phthalates); Tool Kits and Kitchen Utensils (phthalates); Fruit Juice and Fruit Products (lead); Rice (lead and arsenic)
Dismissal of cases against national retail chains claiming unlawful sales tax and unfair business practices under Federal Food Stamp Act and California Recycling Act
Successful resolution of CLRA and class claims regarding food labeling
Multi-party representation of suppliers and retailers in nationwide consumer class action in federal court alleging misrepresentation for sales of toy products containing asbestos
Representation of national retailers in weights and measures enforcement actions including pricing, MSRP and slack fill packaging
Negotiation of retailer violation of air quality laws in the sale of consumer products with the State Air Resources Board
Successful bifurcated trial and settlement of an unfair business practices case challenging a client’s limitation of liability clause in contract
Representation of major retailer in multi-party antitrust actions alleging price-fixing and solicitation of below cost sales
Dismissal of retail grocery chain from case alleging price-fixing in the sale of milk
Successful settlement of nationwide consumer class-action alleging misrepresentation by suppliers and sellers of computer monitors
Successful resolution of case brought against major retailers and suppliers for misrepresentation in sales of computer printers
Dismissal of an unfair business practices case against a national retailer for alleged sale of adulterated food product
Negotiation of retailer violations of State Alcoholic Beverage Control Act with the Department of Alcoholic Beverage Control
Representation of major retail grocer in litigation over sales of expired products
Dismissal of a case against a retailer of biomedical products alleging violations of federal labeling and packaging requirements
Negotiation with public interest group on behalf of retailer resulting in avoidance of disabled access suit
Successful representation of retailer in federal court regarding violation of ADA and Unruh Act disabled access laws, including cross claims against contractor for indemnity and against insurer for attorneys fees
Defense verdict for a large retailer after a two-week binding arbitration on a $2 million vendor claim for ceasing exclusive business dealings
Advice to major retailers concerning compliance with federal, state and local laws on their operations nationwide in the area of licensing, sales and shipment of products, internet sales and web access, packaging and labeling
Representation before the California Supreme Court of two major retailers challenging use of decoys in alcoholic beverage sale compliance, resulting in state legislation mandating guidelines for the Department of Alcoholic Beverage Control and law enforcement agency in the use of decoys
Representation of Retailer Coalition challenging conditional use permits as unconstitutional regulation and taxation of retail alcohol beverage licensees
Negotiation of compliance exemption to local ordinance banning the use and sale of non-biodegradable packaging
Dismissal of suits brought in numerous California counties against retailers for sale of tobacco products to underage decoys
Successful settlement of unfair business practices cases brought against numerous retailers for alleged violation of federal regulations requiring warning signs for food additives
Negotiation of compliance exemptions to local ordinances restricting the sale and advertising of tobacco products