Hot Legal Topics — Tuesday

Period: Last 4 days (Fri–Mon)

New Legislation / EU Directives

• EU Packaging Regulation (PPWR): The new European Packaging Regulation entered into force on 12 August 2026, establishing, among other things, very low threshold values for "forever chemicals" (PFAS) in food packaging [1, 2]. Violations of these thresholds, or of the future requirements on the avoidance of empty space in packaging (applicable from 2030), could provide grounds for new consumer protection claims [1, 3, 4].
• US Initiative Against Nitrous Oxide: A US Congressman is seeking a nationwide ban on the sale of nitrous oxide canisters ("whippets"), as they have been linked to increasing cases of addiction and injury [5].

BGH / Landmark Judgments

• Frankfurt Court of Appeal on Shop Apotheke: The court prohibited an advertisement offering a "€20 discount" on e-prescriptions, as a hidden tiered structure in the fine print was found to mislead consumers [6, 7]. Such decisions strengthen the position of consumer protection associations in bringing claims against unfair advertising practices in e-commerce [6, 7].
• Federal Cartel Office vs. Apple: Apple has committed to amending its rules on personalised advertising (ATT framework) in order to cease disadvantaging third-party app providers relative to its own offerings [8, 9]. This has far-reaching implications for app advertising revenue models and could serve as a basis for antitrust damages claims [8–10].
• US Mass Litigation (Trends):
  • Tylenol (Autism/ADHD): A US Court of Appeals has reinstated hundreds of claims against Johnson & Johnson alleging a link between paracetamol use during pregnancy and developmental disorders [11, 12].
  • Hernia Mesh (Covidien): In an initial bellwether trial, a judgment of USD 88 million was handed down against Covidien and Medtronic in connection with defective hernia mesh implants [13, 14].
  • Rent Price-Fixing (RealPage): A class action has been filed in Seattle against RealPage, alleging that its pricing software enabled landlords to artificially inflate rents [15–17].

Trends in Litigation Funding & Legal Tech

• Funding Transparency: A recent Civitas report calls for beneficial ownership disclosure in litigation funding in the United Kingdom, in order to better manage sanctions-related risks [18].
• International Regulation: Legislation enacted in Kansas (USA) is being discussed as a model for restricting foreign litigation funding [19]. Meanwhile, the Indian Ministry of Corporate Affairs is examining the use of litigation funding to pursue insolvency avoidance claims [20].
• Market Developments: Listed litigation funder Manolete Partners announced a settlement of £3.4 million in a significant insolvency case [21]. Investment analyses further suggest that industry heavyweight Omni Bridgeway may currently be undervalued following a sector-wide correction [18].