IN THE NEWS AND LATEST UPDATES
In our most recent “Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut’s Governor signed that bill into law.
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. Previously, we looked at what NAD had to say about whether advertisers can substantiate green claims using a mass balance accounting approach. Today, we’ll look at three other types of claims in the case.
The International Bottled Water Association (or “IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or “BWIB”), suggesting that boxed water is better for the environment. NAD’s decision covers a lot of ground and is worth reading for anyone who makes green claims, but in this post, we’ll just focus on one issue NAD hasn’t addressed in detail before – mass balance accounting.
We’ve written various posts about challenges to Made in USA claims, including class action lawsuits (like this one) and regulatory investigations (like this one). A recent article in The Wall Street Journal examines the recent increase in these types of challenges and finds an unlikely source of inspiration behind them – President Trump’s election last year.
On May 9, 2025, New York Governor Kathy Hochul signed a large budget bill with “major components of legislation necessary to implement the state transportation, economic development, and environmental conservation budget for the 2025-2026 state fiscal year.” Buried in Part W of the 99-page bill are various provisions that will also impact how companies can offer automatic renewal programs in New York, starting this November. Some of these changes appear to echo Negative Option Rule and California Automatic Renewal Law amendments, while others are more prescriptive.
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