The National Advertising Division recently revealed its plans to launch a fast-track resolution process to resolve certain false advertising claims in a mere 2-4 weeks. 

Companies providing web services to government agencies may want to note a recent decision in State of California ex rel. Bashin v. Conduent Inc., in which the California Superior Court denied defendant's motion to dismiss a false claims act suit stemming from its representations in an RFP with the state regarding website accessibility. 

In November, the FTC issued a new resource for online social media influencers, titled "Disclosures 101 for Social Media Influencers," which provides complian

On October 21, 2019, the Federal Trade Commission (FTC) announced that it had settled two cases regarding alleged fake indicators of social media influence and fake product reviews. 

Businesses must begin taking concrete steps to prepare for the next wave of environmental and consumer products safety litigation, which is likely to focus on any historic and/or current use of materials containing certain per- and polyfluoroalkyl substances (PFAS). 

On Thursday, October 26, 2019, and Friday, October 27, 2019, nearly 40 complaints were filed in the Southern District of New York against various retailers and restaurants alleging that failure to provide gift cards in Braille violates the Americans with Disabilities Act. 

In late September 2019, California enacted a new law, AB 647, that would impose expanded disclosure requirements on certain cosmetic and disinfectant products. 

Takeaway 

Regardless of your industry it may be time to take a closer look at your potential vulnerability to a claim about hidden fees or drip pricing. 

In September 2019, the FDA sent warning letters to three tattoo ink manufacturers about microbial contamination in the products. 

On June 28, the Ninth Circuit adopted the California Supreme Court's McGill rule in Blair v. Rent-a-Center, Inc., 928 F.3d 819 (9th Cir. 2019). 

Earlier today, the Supreme Court denied a petition filed by Domino's Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps. 

On August 7, 2019, the Federal Trade Commission convened an all-day workshop to discuss consumer protection issues associated with "loot boxes"—randomized virtual items players can purchase or earn in video games. 

With increasing attention to lawsuits based on "natural" claims, some litigants have also challenged claims that products were "100% pure." 

The Federal Trade Commission (FTC) and self-regulatory bodies such as the Electronic Retailing Self-Regulation Program (ERSP) have their attention focused on social media influencers. 

On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).