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.
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.
NAD Reveals Initial Plans for 2020 Fast-Track Process
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.
Web Accessibility Suit Alleging False Claims Act Violations Survives in California Court
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.
FTC Publishes “101” Disclosures Guidance for Social Media Influencers
In November, the FTC issued a new resource for online social media influencers, titled "Disclosures 101 for Social Media Influencers," which provides complian
FTC Settles Two Cases of Alleged Fake Reviews and Online Influence
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.
Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?
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).
Multiple Lawsuits Filed Alleging Failure to Offer Gift Cards in Braille Violates the ADA
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.