News & Analysis as of

Federal Trade Commission (FTC) Fashion Industry

Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

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A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

ArentFox Schiff

The Top 10 Legal Issues for CFOs and GCs of Fashion and Retail Companies

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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

K&L Gates LLP

Fashion Law Update – February 2025

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In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more

A&O Shearman

Southern District Of New York Grants Preliminary Injunction, Pausing Merger Of Luxury Fashion Companies

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On October 24, 2024, Judge Jennifer L. Rochon of the United States District Court for the Southern District of New York granted the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction, thereby preliminarily...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

Wilson Sonsini Goodrich & Rosati

Old-Fashioned Approach Still Wins It for the FTC in Luxury Goods Merger Challenge

On October 24, 2024, to the surprise of many legal observers and fashion industry executives, the Federal Trade Commission (FTC) secured a preliminary injunction blocking a proposed $8.5 billion deal between Tapestry and...more

Troutman Pepper Locke

FTC Wins Preliminary Injunction of "Accessible Luxury" Handbag Transaction

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A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more

Foley & Lardner LLP

SHEIN’s $1.9 Million Data Breach: A Cautionary Tale for Online Fashion Brands

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Share on Twitter Print Share by Email Share Back to top The New York Attorney General (“NYAG”) fined fast-fashion company, Shein Distribution Corporation (“SHEIN”), $1.9 million for failing to properly handle a data breach in...more

Foley & Lardner LLP

What Apparel Companies Need to Know About the CPSC

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The U.S. Consumer Product Safety Commission (“CPSC”) is an independent federal agency that regulates consumer products, including a variety of products made and sold by stakeholders in the Apparel industry, by providing...more

Mogin Law LLP

FTC Files Administrative Complaint to Stop $8.5 Billion Tapestry-Capri Fashion Accessory Merger

Mogin Law LLP on

The Federal Trade Commission may point to economic harm to an identifiable cohort of consumers. The Federal Trade Commission (FTC) on April 22, 2024, filed an administrative complaint to block Tapestry, Inc.'s acquisition of...more

Katten Muchin Rosenman LLP

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

BakerHostetler

The FTC’s Latest Made in the USA Case Is a Reminder of the Different Ways the Agency Can Still Get Money Post-AMG

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The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories....more

Perkins Coie

ESG and the Apparel Industry: Always in Fashion

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In recent years, the apparel, fashion, and luxury goods industries have seen an increased focus on environmental, social, and governance (ESG) initiatives. As industry leaders continue to make ESG commitments, regulators,...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

ArentFox Schiff

What’s AI Got to Do with Fashion?

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With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game....more

BakerHostetler

Modeling the Privacy Catwalk: Practical Steps Forward

BakerHostetler on

What’s Trending? (Privacy a la Mode) - Notable fashion brands have been engaging in a “trial period” of new technologies as privacy laws and privacy enforcement are trending – for example, exploring integrating branding...more

Katten Muchin Rosenman LLP

Warby Parker Beats Back 1-800's Infringement Claims - Kattison Avenue | Issue 9

Court applies Polaroid factors to determine likelihood of confusion - In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In...more

Perkins Coie

Aspiring To Be Green? Avoid Common Advertising Pitfalls

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Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. In fact, a recent study found that, on average, three out of five (64%)...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

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FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

BakerHostetler

AD-ttorneys@law - July 2022

BakerHostetler on

TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

BakerHostetler

AD-ttorneys@law - April 2022

BakerHostetler on

Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2022

Foley & Lardner LLP on

The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more

ArentFox Schiff

FTC Fines Fashion Company $4.2 Million for Blocking Negative Customer Reviews

ArentFox Schiff on

In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for...more

ArentFox Schiff

Is Your Fashion Brand "Sustainable"?

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Brands Must Ensure Forced Labor is Not Used and Environmental Claims are Accurate - In response to consumer demand, the fashion industry has embraced Environmental, Social, Governance (ESG) sourcing, including...more

ArentFox Schiff

The Metaverse: Fashion’s New Frontier?

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The fashion industry is known for taking creative risks, so it is understandable that the industry is taking its next steps—literally—out of this world. Big name labels and innovative fashion start-ups are setting their...more

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