The Learned Concierge - April 2025, Vol. 18

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

Ohio Dram Shop Update: Knowledge of Noticeable Intoxication Required for Liability Under Ohio Dram Shop Act

Michael Laszlo authored an article, “Ohio Dram Shop Update: Knowledge of Noticeable Intoxication Required for Liability Under Ohio Dram Shop Act.”

On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act.

Colorado Issues Warning That Direct-To-Consumer Shipments of Malt or Spirituous Alcohol into Colorado are Illegal

Michael Laszlo authored an article, “Colorado Issues Warning That Direct-To-Consumer Shipments of Malt or Spirituous Alcohol into Colorado are Illegal.”

On April 1, the Colorado Liquor Enforcement Division (“LED”) issued Bulletin 25-01 Direct-to-Consumer Shipments, which states that direct-to-consumer (“DTC”) shipments of malt or spiritous alcohol into Colorado are illegal.

Cybersecurity & Privacy

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

Click here to read the Right to Know – March 2025, Volume 27

SEC Announces Cyber and Emerging Technologies Unit

Mariah Leffingwell and Melissa Ventrone authored an article, “SEC Announces Cyber and Emerging Technologies Unit.”

On Feb. 20, the Securities and Exchange Commission announced the creation of the Cyber and Emerging Technologies Unit (CETU) stating its focus will be on “combatting cyber-related misconduct and to protect retail investors from bad actors.”

Location, Location, Location: California Attorney General Investigative Sweep and State Law Proposal Target Location Data

Myriah Jaworski, Chirag Patel, and Ali Bloom authored an article, “Location, Location, Location: California Attorney General Investigative Sweep and State Law Proposal Target Location Data.”

On March 10, the California attorney general’s office announced an “ongoing investigative sweep into the location data industry” (“investigative sweep”) for compliance with the California Consumer Privacy Act’s (“CCPA”) requirements surrounding location data.

The investigative sweep targets covered companies that collect location data (specifically mobile apps) and share that information with third parties and the companies who receive that data (advertising networks and data brokers).

How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

Myriah Jaworski, Chirag Patel, and Ali Bloom authored an article, “How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability.”

Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring to ranking job candidates and offering personalized pricing or targeted advertisements.

Businesses subject to privacy laws, whether the European Union’s General Data Protection Regulation (GDPR) or United States privacy rules like the California Privacy Protection Act (CCPA/CPRA), may be required to disclose to individuals the extent to which ADM tools are used to make decisions about them. In certain instances, individuals must be given information about exactly how those decisions were made.

Washington’s Toxic-Free Cosmetic Act: What You Need to Know

Tracy Williams authored an article, “Washington’s Toxic-Free Cosmetic Act: What You Need to Know.”

Ernest Fung, Annaleise Conway, and Lisa Tolbert of environmental consulting group Integral contributed to this article after presenting a webinar on the Toxic-Free Cosmetics Act on March 5 with Clark Hill attorney Tracy Williams. Click here for presentation handouts.

Food Labeling

Senate Committee Moves Bill to Ban Lab-Grown Meat

Last year, the Legislature passed the Truth in Food Labeling Act to require labeling of “analogue” food products derived from plants, insects, or fungus and other additives, and “cell-cultured” food grown in a lab.  This year, the Senate is advancing an outright ban on lab-grown meat.  Click here to learn more.

An Alternative to The USDA Organic Label Could Be More Accessible for Farmers.  Can It Stick?

Certified Naturally Grown offers farmers a cheaper and less time-consuming option to communicate how they produce their food. But terms like “natural” on food labels can be confusing for consumers. With so many labels on the market, there aren’t a lot of things that can cut through the noise like the USDA’s Certified Organic label, and there are a lot of gaps in knowledge about what they even mean. Click here to read more.

Food Safety

Food Safety Legislation Would Require Warning Labels for Some Dyes and Chemicals

New bipartisan legislation would increase awareness about what’s in food. Products that contain certain dyes and chemicals would be required to have warning labels.

Currently, companies can add new “Generally Recognized as Safe” chemicals to food without any type of FDA approval or independent review through an FDA loophole. If this legislation passes, companies that manufacture, distribute, or sell food products in the Commonwealth will have to disclose the use of those substances and document that they’re safe. Click here to learn more.

Immigration

USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications

Alison Hitz and Dana Schwarz authored an article, “USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications.”

The National Interest Waiver (“NIW”) is a streamlined pathway to permanent residence for foreign nationals whose current or prospective work is in the national interest and, therefore merits a waiver of the labor certification and job offer that is normally required in employment-based permanent residence cases.

In January 2025, USCIS issued an additional NIW policy manual update, which indicated that to qualify as a foreign national with an advanced degree, an individual’s intended occupation must now meet the definition of a profession. A profession is defined as one of the occupations listed in section 101(a)(32) of the Immigration and Nationality Act: architects, engineers, lawyers, physicians, surgeons, and teachers, or any occupation that requires at least a U.S. bachelor’s degree or its foreign degree equivalent.

Labor & Employment

Sealing the Deal: 7 Employer-Focused Strategies for Successful Salary Talks

When seeking to attract and retain the most capable professionals in the food manufacturing and marketing arena, industry employers often face the delicate challenge of conducting enticing yet fiscally responsible salary discussions.

A well-executed compensation conversation holds the potential to spark a meaningful and enduring professional alliance in the food and beverage world. Employers who invest time in mastering current pay scales, understanding candidate motivations, and articulating long-range visions set the stage for balanced yet forward-looking employment offer agreements.  Click here to learn more.

Real Estate

Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability

Lindsay Sherwood Fouse-Hopkins and Maram Salaheldin authored an article, “Clark Hill 2025 Commercial Real Estate Outlook: ESG & Sustainability.”

In 2025, the commercial real estate (CRE) industry will continue to navigate a new landscape influenced by ever-evolving ESG (Environmental, Social, and Governance) and sustainability trends. In particular, with regulatory shifts and deregulatory policy changes on both sides of the Atlantic, CRE stakeholders, including developers and investors, face a wave of uncertainty as to what comes next and whether to continue to pursue ESG and sustainability initiatives.

Water Law

San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements

Alex Timbas, Justine Beckstrom, Tracy Williams, Steven Hoch, and Gabe Racz authored an article, “San Francisco v. EPA Brings the End of “End Result” NPDES Permit Requirements.”

In its recent decision in San Francisco v. EPA, the U.S. Supreme Court overturned a Ninth Circuit interpretation of the Clean Water Act (“CWA”), the second case in just two years where the Court has disagreed with the EPA’s interpretation of certain provisions of the CWA. Under the CWA, any person or entity that “discharges” “pollutants” into the “waters of the United States” is required to hold NPDES permits which impose limits on the pollutants that can be discharged, and often prescribe steps the discharger must take in accordance with its permit.

Industry Trends

Retailers are Pushing Payment Modernization as Customers Ask for More

As digital payments become more mainstream for consumers, retailers are trying to keep up with the payment methods they accept. Retailers need to make significant investments to navigate legacy systems, data security, and privacy concerns, KPMG found. Click here to learn 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.