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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 🡢

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ESRB Issues Labeling Requirement for Video Games Containing Loot Boxes

The ESRB, and it's European equivalent PEGI, have issued new labeling requirements for video games containing loot boxes or other types of in-game purchases with randomized elements. 

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clothing on hangers

Fashion Nova Settles with FTC for $9.3 Million for Alleged Violations of the Mail Order Rule

The Federal Trade Commission (FTC) recently announced a settlement with online fashion retailer, Fashion Nova, requiring it to pay $9.3 million in refunds to consumers for violations of the FTC's Mail, Internet, or Telephone Order Merchandise Rule ("

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Food and Beverage (Primary)

Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules

California courts remain a top forum for food litigation matters. So many matters are heard in the Northern District of California that it has gained a reputation as the "Food Court." 

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Cannabis Farm

More FTC Civil Enforcement for COVID-19 and CBD Cancer Treatment Claims

On April 28, 2020, the FTC announced a preliminary order in a civil enforcement action against a supplement manufacturer that allegedly made false and unsubstantiated claims regarding COVID-19 and cancer. 

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National Advertising Division Launches Fast-Track Swift Process

On April 2, 2020 the National Advertising Division (NAD) launched its Fast-Track SWIFT (Single Well-defined Issue Fast Track) resolution process, promising to resolve single-issue cases in 20 business days. 

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Supreme Court Outside

$1 Million Settlement Announced in FTC’s “Made in USA” Enforcement Against Williams-Sonoma

The FTC has announced a settlement with furniture and houseware seller Williams-Sonoma, requiring it to cease making unsubstantiated "Made in USA" claims about its products and pay $1 million to the FTC. 

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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. 

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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. 

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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.  

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Medical Healthcare Science

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. 

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Food Grocery

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. 

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Contracts

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. 

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pricing financial securities

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.

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Finance bank

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. 

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Cannabis Law (leaf)

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.

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