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.

Industry Insights: Consumer Products Companies Reconfiguring Production Lines to Meet New COVID-19 Needs
Consumers' response to COVID-19 has led to increased demand for personal protective equipment and other much-needed supplies to aid consumers and healthcare professionals in the fight against the disease.

FTC Sends More Warning Letters Regarding Unsupported Coronavirus Prevention and Treatment Claims
The FTC recently sent another round of warning letters to ten sellers related to advertising claims that their products treat or prevent COVID-19.

Private Companies and Government Regulators Crack Down on Coronavirus-related Price Gouging
Two brothers in Tennessee made national news in early March after cleaning out local stores of products in high demand because of COVID-19 in order to sell them for exorbitant prices on online marketplaces.

FTC Statement On Coronavirus Enforcement
On March 26th Federal Trade Commission (FTC) Chairman, Joe Simons, issued a statement regarding the FTC's continuing efforts to protect consumers during the coronavirus pandemic.

FDA Issues COVID-19 Food Safety Guidance for Food Manufacturers
In light of the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has announced several steps to maintain the safe supply of food while adjusting the regulatory burden on food manufacturers.

FDA & FTC Issue Warning Letters Regarding Unsupported COVID-19 Claims
The FDA and FTC recently issued joint warning letters to seven sellers of products that claimed to treat or prevent "Novel Coronavirus Disease 2019," known as COVID-19.

Coronavirus Triggers Concerns Over Price Gouging
Leaders of the U.S. House of Representatives have requested that the FTC take action against price gouging related to the coronavirus (COVID-19) and have indicated that they would assist with appropriate legislation.
Almost every state has issued emergency declarations which, in many states, trigger prohibitions against price gouging.

LendEDU Agrees to Settle FTC Charges Alleging Deceptive Advertising Practices
Operators of the LendEDU website entered into a settlement agreement with the Federal Trade Commission (FTC) in response to allegations that LendEDU misled consumers by claiming that its website provided objective, unbiased rankings of financial products, when in fact they offered better ratings to companies that paid for the endorsement.

FDA Releases Report to Congress Regarding CBD
Yesterday, the FDA belatedly released a report in its progress towards CBD enforcement, as required by Congress.
Although the report repeats the FDA's concerns regarding CBD safety, and fails to offer a useful timeline for a reasonable regulatory pathway for the CBD market, it also affirms a desire for a nuanced "risk-based" approach to CBD enforcement.

Lawsuit Filed Against Makers of Purell For Hand Sanitizer Disease Prevention Claims
Class action plaintiffs filed a lawsuit in February against Gojo Industries, Inc., the maker of Purell hand sanitizers, alleging that Gojo's marketing and advertising claims on its website and social media accounts give consumers the impression that Purell products "are effective at preventing colds, flu, absenteeism and promoting bodily health and increased academic achievement."

New French Digital Accessibility Requirements in Effect and On the Horizon
Over the past few years, we have seen increasing legislative and regulatory activity around the globe on the issue of digital accessibility.

Washington Privacy Act: A Short Timeline for a Robust Bill
For the second year in a row, Washington State is considering the "Washington Privacy Act," legislation that would regulate the collection and use of consumer data and have Washington join a chorus of states looking to legislate privacy.

FTC requests feedback on Endorsement Guides
The FTC recently requested public comments on questions related to its Endorsement

Talcum Powder Case Settles Midtrial
On January 6, 2020, a California state court judge announced that a case against Johnson & Johnson related to allegations that its talcum powder products contained asbestos had settled midtrial.

FTC Sues FleetCor for Hidden Fee and other Deceptive Advertising Practices
On December 20, 2019 the FTC sued FleetCor Technologies, Inc. and its CEO, Ronald Clarke, for alleged misleading advertising practices, claiming FleetCor had collected at least $200 Million dollars in hidden fees from fuel card service customers.