In the client alert we sent out yesterday, we noted that the new law applies to products sold on or after the effective date. This structure could create problems where old inventory remains on shelves after the effective date and is then sold. We've been asked if there is some way to address this problem. One way to avoid products made prior to the effective date getting caught in the disclosure net is to mark the product with a date of manufacture or a code indicating the date of manufacture. Therefore, if your product is covered by this law and does not already have a date of manufacture or date code marked on it, you should consider implementing such labeling before the disclosure requirements go into effect.
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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