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.
California Expands Disclosure Requirements Regarding Cosmetics and Hazardous Substances
In late September 2019, California enacted a new law, AB 647, that would impose expanded disclosure requirements on certain cosmetic and disinfectant products.
AGs and Consumers Fight “Drip Pricing” and “Hidden Fee” Programs
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.
FDA Issues Warning Letters Regarding Adulterated Cosmetics
In September 2019, the FDA sent warning letters to three tattoo ink manufacturers about microbial contamination in the products.
The Ninth Circuit Ratifies California’s McGill Rule: Consumers Cannot Waive Statutory Rights to Seek a Public Injunction via Arbitration Agreement
On June 28, the Ninth Circuit adopted the California Supreme Court's McGill rule in Blair v. Rent-a-Center, Inc., 928 F.3d 819 (9th Cir. 2019).
U.S. Supreme Court Denies Domino’s Cert Petition Seeking to Challenge Ninth Circuit Decision Regarding Website Accessibility under the ADA
Earlier today, the Supreme Court denied a petition filed by Domino's Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps.
Video Game Loot Boxes: FTC Workshop on the Role of Virtual Rewards in Game Play
On August 7, 2019, the Federal Trade Commission convened an all-day workshop to discuss consumer protection issues associated with "loot boxes"—randomized virtual items players can purchase or earn in video games.
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.