Consumer Protection Review
Consumer Protection Review
Consumer Protection Review helps businesses that market and sell to consumers navigate federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection. Subscribe 🡢
Rise of “Natural” Pet Food Claims
As consumers shift towards "organic," "natural," and "clean" foods for themselves and their families, they are also making similar purchasing decisions when it comes to pet food.
Court Rules Restaurant Should Have Affirmatively Offered Assistance to a Customer Who Is Visually-Impaired
A customer who is blind has sued Five Guys Enterprises in the Southern District of California, claiming that he could not access the Freestyle Coca-Cola soda machine in a Five Guys restaurant.
Made in USA: The FTC Moves Against Two More Retailers
Key Takeaway:
Made In USA: Increasing Challenges to False or Misleading U.S.-Origin Claims (Repost)
Consumers notice and are more likely to buy products that are marketed as Made in USA, but companies face significant legal risk, negative publicity, and decades of government oversight if they overstate the extent to which their products are made in the United State
National Advertising Division Recommends that Maker of Flashlights Discontinue Comparative Advertising and Made in USA Claims
Takeaways: 
Bad Review Online? California Court Says Pursue the Poster not the Platform
You see it and your heart sinks: a one-star review with negative feedback for your business on an online review site.
Reminder: Updates to the California Automatic Renewal Law Are Now in Effect
California's updated automatic renewal law (ARL) took effect on July 1, 2018.
California Court of Appeals Holds that Plaintiff Has Standing to Pursue Pricing-Discount Class Action
A California appeals court has allowed a putative-class-action complaint to proceed against an online retailer based on a consumer's allegation that the retailer falsely advertised price discounts and that the consumer would not have purchased the items if he knew he was not receiving a discount.
National Advertising Division Recommends that VH Nutrition Discontinue Claims for TriDrive Supplement Marketed to Athletes
Takeaways:
Facebook Creates a Process of Review for Previously-Banned Cryptocurrency Ads
Facebook has implemented a new policy regarding ads related to cryptocurrency.
National Advertising Division Recommends that Perdue Farms Discontinue Ads About Happy, Organic Chickens
The NAD recently recommended that Perdue Farms, Inc. modify or discontinue certain TV and YouTube ads about Perdue's "Harvestland Organic" chicken.
What You Need to Know Regarding The New Data Breach Notification Laws
In the first half of 2018, on the heels of the Equifax breach last fall, a number of state legislatures addressed privacy and data security issues, and in particular, data breach notification.
National Advertising Division Recommends that Maker of Reusable Storage Bags Discontinue Unsupported Comparative Advertising Claims
Takeaways:
Repost: 2018 ABA Antitrust Law Spring Meeting: Consumer Protection Takeaways
The annual ABA Antitrust Law Spring Meeting held in Washington, D.C., last month included sessions on consumer protection. Key takeaways include the following:
Website Accessibility and the Americans with Disabilities Act: Do Your Videos Have Closed Captioning?
- An increasing number of individuals who are deaf or hard of hearing are challenging the absence of closed captioning as a violation of the Americans with Disability Act (ADA).
- Companies placing video on their websites should consider whether they need to include closed captioning under the ADA.