News & Analysis as of

Price Gouging Supply Chain

Morrison & Foerster LLP

Shifting Tariff Response Strategies: How Can Companies Avoid Antitrust Risk?

In the current economic environment, where tariffs are being discussed, proposed, or implemented, with potential impact on many industries, companies are feeling pressure to rethink or adjust their pricing strategies....more

Foley & Lardner LLP

Tariffs: Force Majeure and Surcharges — FAQs

Foley & Lardner LLP on

As we navigate a turbulent tariff landscape for manufacturers, we want to help you with some of the most frequently asked questions we are encountering right now as they relate to force majeure and price increases:.....more

McGuireWoods LLP

State Attorneys General Poised to Crack Down On Price Gouging Amid Market Pressure

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This past Thursday, New York Attorney General Letitia James issued a warning to businesses against price gouging for eggs and poultry. The current bird flu outbreak began in March 2024 but has become a topic of increasing...more

Cozen O'Connor

Democratic AGs Urge Congress to Support Federal Prohibition on Price Gouging

Cozen O'Connor on

A group of 16 Democratic AGs wrote a letter to Congressional leaders urging them to support proposals for a federal prohibition on price gouging. In the letter, the AGs argue that a federal prohibition would complement and...more

Proskauer - Minding Your Business

Proposed New York Price Gouging Rules Expand Coverage and Provide Clarity

New York Attorney General Letitia James announced new price gouging rules intended to clarify New York’s price gouging law, N.Y. Gen. Bus. Law §396-r, earlier this month. The proposed rules seek to address many of the...more

Proskauer - Minding Your Business

Infant Formula Shortage Update

Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency...more

Sheppard Mullin Richter & Hampton LLP

States Target Infant Formula Price Gouging

There has been a nationwide shortage of infant formula following a recall and temporary closure of a major infant formula manufacturing facility in February 2022. This facility supplied as much as 40% of the nation’s infant...more

Proskauer - Minding Your Business

FTC Announces Inquiry into the Infant Formula Shortage

On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more

Kelley Drye & Warren LLP

Formula Price Gouging

Recently Georgia Attorney General Carr warned consumers of potential price gouging of baby formula and related scams. He notes price gouging protections are in effect there until at least June 14, 2022 due to a state of...more

Proskauer - Minding Your Business

Price Gouging Updates: Federal Price Gouging Legislation; Addressing Infant Formula Shortages; Resolution of Online Merchants...

Two federal price gouging bills were recently introduced in Congress. Senator Elizabeth Warren led the introduction of the Price Gouging Prevention Act of 2022. The bill prohibits “unconscionably excessive price[s]” at any...more

Clark Hill PLC

Window on Washington – Vol. 6, Issue 19

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Outlook for This Week in the Nation’s Capital - Congress. Both chambers are in session this week. The House will vote on numerous Homeland Security, Judiciary, and Veterans Affairs bills, as well as the Workforce Innovation...more

Orrick, Herrington & Sutcliffe LLP

New York Attorney General Begins Price Gouging Rulemaking

New York Attorney General Letitia James announced earlier this spring that her office has initiated rulemaking to enforce provisions of the state's price gouging statute. This in-depth article discusses the proposed price...more

Proskauer - Minding Your Business

Revisiting Price Gouging Compliance

With the Biden administration ramping up scrutiny on supply chains and pricing practices, businesses should take a moment to revisit their COVID-19 price gouging compliance.  As we’ve previously highlighted, risk management...more

Cozen O'Connor

New York AG James Combats Price Gouging

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New York AG Letitia James issued an Advance Notice of Proposed Rulemaking to solicit comments, information, and data that will assist the AG in creating regulations preventing price gouging under New York General Business Law...more

Holland & Knight LLP

DOJ to Collusive Price Gougers Exploiting Supply Disruptions: We Will Prosecute You

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The U.S. Department of Justice (DOJ) announced an initiative on Feb. 17, 2022, to investigate and prosecute individuals and businesses that engage in collusive schemes relating to supply chain disruptions. Seeking to protect...more

Proskauer - Minding Your Business

Price Gouging Updates: Warren Accuses Large Corporations of Price Gouging; Plaintiffs Respond in Amazon Price Gouging Case

In an interview on All In with Chris Hayes in January, Sen. Elizabeth Warren, D-Mass., claimed that a factor causing the high prices facing U.S. consumers is “giant corporations who say, wow, a lot of talk about high prices...more

Cozen O'Connor

Five Tips To Keep Your Business Off Regulators’ Radars During Supply Chain and Other Economic Disruptions

Cozen O'Connor on

As consumers and businesses recover from the frenzy of holiday commerce and look ahead to the new year, the supply chain disruptions that grabbed headlines in late 2021 may seem like a distant memory. However, these issues...more

Proskauer - Minding Your Business

What the Omicron Variety Could Mean For Price Gouging Enforcement in New York

New York Governor Kathy Hochul has declared a disaster emergency for the state through January 15, 2022 in the wake of rising COVID-19 cases in the state and the newly identified Omicron variant. According to The Wall Street...more

Proskauer - Minding Your Business

Price Gouging Litigation Continues Apace

As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more

Proskauer - Minding Your Business

Minnesota Files Price Gouging Suit Against Egg Producer

Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more

Proskauer - Minding Your Business

Beyond Essential Goods and Services: Price Gouging Laws Being Applied to a Wide Range of Products

The majority of price gouging laws have been activated throughout the country for over a year now, but reports of price gouging continue, along with enforcement and lawsuits. While many are aware that price gouging...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - February 2021 #2

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more

Proskauer - Minding Your Business

DPA Update: Biden Administration Brings Renewed Focus to Defense Production Act

As part of the federal government’s efforts to combat the COVID-19 pandemic, President Biden plans to “fully use” the Defense Production Act (the “DPA”) to compel production of medical and protective equipment, and ensure...more

WilmerHale

COVID-19: The Biden Administration's National Strategy and Plans for the Defense Production Act

WilmerHale on

On President Biden’s first two days in office, he issued a National Strategy for the COVID-19 Response and Pandemic Preparedness and 11 related Executive Orders, including an Executive Order on a Sustainable Public Health...more

Oberheiden P.C.

With Latest COVID-19 Surge, Federal Officials Will Be Prepared to Combat PPE Fraud

Oberheiden P.C. on

When the COVID-19 crisis struck in early 2020, the immediate need for mass quantities of personal protective equipment (PPE) resulted in major supply shortages that made headlines across the country. As suppliers scrambled to...more

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