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: Putting “Pure” Claims in Context
With increasing attention to lawsuits based on "natural" claims, some litigants have also challenged claims that products were "100% pure."
ERSP Reminds Brands to Disclose Connections with Ambassadors
The Federal Trade Commission (FTC) and self-regulatory bodies such as the Electronic Retailing Self-Regulation Program (ERSP) have their attention focused on social media influencers.
Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD
On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).
A Cosmetic, A Drug, or Both?
Takeaways:
SCOTUS: Private Entities Operating Forums for Speech Are Not State Actors
Against the background of lawsuits and debate about the role of communications service providers in moderating speech on their platforms, the U.S. Supreme Court has weighed in, affirming that private entities that host forums for speech are not state actors subject to constitutional requirements.
How California's New Privacy Law Impacts Brick-and-Mortar Businesses
Businesses that market and sell to consumers are heavily focused on navigating federal and state legal issues related to advertising, privacy, promotions, products liability, government investigations, unfair competition, class actions and general consumer protection.
Talc, Asbestos, and FDA Regulation of Cosmetics
Takeaways:
FTC Enforcement of the CRFA is Underway
On the heels of three FTC consent decrees involving the Consumer Review Fairness Act (CRFA), the FTC has brought two more CRFA-related complaints against home-rental businesses.
Supreme Court Holds Third-Party Defendant Can’t Remove Class Actions Under CAFA
Takeaway: The U.S. Supreme Court ever so slightly trimmed removal rules under the Class Action Fairness Act (CAFA) last week in Home Depot U.S.A., Inc. v. Jackson, No. 17-1471.
I Am Robot: California’s New Law Requires Disclosure of Use of Bots
California's new Autobot Law, Cal. Bus. & Prof. Code § 17940, et seq. (SB 1001), which goes into effect July 1, 2019, may affect businesses that use chatbots to interact with customers online.
Nevada Expands Online Privacy Law to Grant Consumers Additional Rights While Excluding Certain Institutions From Compliance
Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data.
Supreme Court Holds That Class Arbitration Cannot Be Inferred from Ambiguous Agreement
The United States Supreme Court recently held that classwide arbitration cannot be inferred from an ambiguous agreement.
New Consumer Protection Due Diligence That Your Company May Need to Perform
The Ninth Circuit recently held a company vicariously liable for the actions of a downstream vendor of text message and telephone marketing activities.
Companies should consider due diligence and vendor oversight protocols as counter-measures to limit the risk of liability for digital advertising and text marketing activities.
FTC to Hold Workshop on Consumer Protection Issues Related to Video Game Loot Boxes
On August 7, 2019, the Federal Trade Commission (FTC) will host a public workshop to examine consumer protection issues related to the sale of "loot boxes" in video games.
Incentivized Review and Free Trial Practices Draw the Ire of the FTC
In 2016, UrthBox, Inc., a subscription-based service sending monthly snack boxes to customers, had only nine reviews on the Better Business Bureau's website and all of them were negative.