In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas...more
2/20/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
CIPA ,
Class Action ,
Commercial Bankruptcy ,
Compliance ,
Data Privacy ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Immigration ,
Independent Contractors ,
Influencers ,
International Trade ,
Mergers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
NAD ,
PFAS ,
Private Attorneys General Act (PAGA) ,
Public Health ,
Retailers ,
Supply Chain ,
Tariffs ,
Terms of Use ,
Tracking Systems ,
Trump Administration ,
Workplace Investigations
The Federal Trade Commission (FTC) has continued its crackdown on false and misleading “Made in USA” claims. Since finalizing the Made in the USA Labeling Rule in 2021, which authorizes the agency to levy civil penalties...more
In a December 2, 2024, press release, the Federal Trade Commission (FTC) announced the filing of a court order requiring online marketplace GOAT to pay more than $2 million for violating FTC rules and the company’s own...more
In an October 16, 2024, press release, the Federal Trade Commission (FTC) announced its final Negative Option Rule, requiring businesses to make it as easy for consumers to cancel their enrollment in recurring subscriptions...more
The FTC’s Warning Letters -
Earlier this month, the Federal Trade Commission (FTC) sent eight companies warning letters regarding their warranty practices, alerting them that certain restrictive warranty language may violate...more
The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule.
The Energy Labeling Rule, designed to aid consumers in...more
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
3/5/2024
/ Artificial Intelligence ,
Class Action ,
CLRA ,
Consumer Product Safety Commission (CPSC) ,
Corporate Transparency Act ,
Data Privacy ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Greenwashing ,
Hidden Fees ,
Invasion of Privacy ,
Labeling ,
Lithium Batteries ,
Machine Learning ,
Made in the USA ,
Marketing ,
Misleading Statements ,
PFAS ,
Proposition 65 ,
Recycling ,
Reporting Requirements ,
Self-Certification ,
Subscription Services ,
Wage and Hour ,
Wiretapping
The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are...more
10/23/2023
/ Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Enforcement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Penalties ,
Permanent Bans ,
Proposed Rules ,
Rulemaking Process ,
Service Charges
As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more
On August 18, 2023, Travelers United, a traveler advocacy organization, filed a class-action lawsuit against Hyatt Hotels Corporation and its affiliates, accusing Hyatt of falsely advertising hotel room rates and cheating...more
Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more
The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more
The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more
In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc.
The consumer alleged that the company is participating in deceptive business practices by marketing,...more
The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more
Comparative safety claims can be a powerful advertising tool, especially when regarding products consumers cannot test themselves. For this reason, it is imperative that these claims are made with sound proof.
...more
The Federal Trade Commission announced on February 12, 2020, that it will seek public comment on issues related to the Endorsement Guide, formally known as the Guides Concerning the Use of Endorsements and Testimonials in...more
The FTC alleged that UrthBox did not disclose that some consumers received compensation, including free snack boxes, to post positive reviews.
In addition, UrthBox offered “free” trial boxes during this time that resulted...more
If enacted, the law would amend the Federal Food, Drug, and Cosmetic Act (FDCA) to require cosmetic products labeled as “natural” to contain at least 70 percent natural substances, (excluding water and salt) and be made...more
The FTC filed a lawsuit against YouTube, alleging that the company illegally collected personal information from children in violation of COPPA. In September, the FTC and New York Attorney General announced a settlement. As...more
Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking...more
11/27/2019
/ Cell Phones ,
Diagnostic Tests ,
Electronic Devices ,
Electronics ,
Federal Trade Commission (FTC) ,
Laptop Computers ,
Legislative Agendas ,
Magnuson-Moss Act ,
Manufacturers ,
Proposed Legislation ,
Right to Repair ,
State Legislatures ,
Summary of Consumer Rights ,
Television ,
Third-Party Service Provider ,
Video Games ,
Warranties
A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules....more
The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more
11/18/2019
/ Blogging Platforms ,
Deceptive Intent ,
Disclosure Requirements ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
New Guidance ,
Online Advertisements ,
Online Endorsements ,
Online Platforms ,
Online Reviews ,
Social Media ,
Social Networks ,
Websites
The Federal Trade Commission recently hosted a public workshop to explore whether to update the rule implementing the Children’s Online Privacy Protection Act (COPPA Rule) in light of evolving business practices in the online...more
11/7/2019
/ Actual or Constructive Knowledge ,
COPPA ,
Federal Trade Commission (FTC) ,
Online Advertisements ,
Online Platforms ,
Online Safety for Children ,
Parental Consent ,
Persistent Identifiers ,
Public Workshops ,
Safe Harbors ,
Social Networks
The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction...more