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CFC Finds Unreasonable Deviation from Customary Commercial Practices

Client Alert | less than 1 min read | 10.26.11

In U.S. Foodservice, Inc. v. U.S., the Court of Federal Claims, while finding that the Army DLA Troop Support  had demonstrated a rational basis for a number of provisions that deviated from standard commercial terms and conditions in the food service industry, nonetheless enjoined the procurement because the solicitation's Most Favored Customer clause, itself a deviation from customary commercial practices, was an "irrational and unreasonable attempt towards pursuing [DLA's] overall goals of increasing transparency and reducing fraud."  The court explained that the MFC provision was overbroad and would force offerors to submit and certify a price that would include elements that are "completely untethered from ascertainable or predictable knowledge."

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Client Alert | 4 min read | 07.27.26

WARNING: California’s Listing of Microplastics as a Candidate Chemical May Result in Unexpected, and Imminent, Compliance Obligations Under AB 1200 (California Safer Food Packaging and Cookware Act)

On June 18, 2026, the California Department of Toxic Substances Control (DTSC) added microplastics to the list of Candidate Chemicals maintained under the state’s Safer Consumer Products (SCP) regulations.  The listing of microplastics, which becomes effective on October 1, 2026, is the first step in the SCP regulatory process, which could lead to restrictions on products that contain or release microplastics. ...