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." 

Over the past few years, we have seen increasing legislative and regulatory activity around the globe on the issue of digital accessibility. 

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. 

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

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. 

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. 

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.