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Retailers Class Action

Mayer Brown

Heavy Metals in Rice Class Action Raises Increasing Risks for Retailers and Distributors

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A recently filed class action lawsuit in the US District Court for the Western District of Washington underscores growing legal risks for retailers and distributors of rice products in the United States. Plaintiffs in Wright...more

Troutman Amin LLP

FAST FASHION FAST FILING: Fashion Nova Hit With TCPA DNC Class Action Over Memorial Day Text Messages And it Happens Just That...

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2025 has been the Year of the TCPA Class Action with filings more than doubling from last year. And for those wondering how fast a TCPA class action can turn up, one need only ask Fashion Nova. Fashion Nova, which Wikipedia...more

McGuireWoods LLP

Retailers at Risk: FDA Issues Advisory on Recreational Nitrous Oxide Products

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On June 4, 2025, the U.S. Food and Drug Administration issued a public advisory urging consumers not to inhale nitrous oxide (N2O) from commercial dispensers, including canisters, tanks and portable chargers. The advisory...more

Morgan Lewis

Influencer Marketing Class Actions on the Rise: Common Themes & Key Takeaways

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A wave of class action lawsuits targeting influencer marketing practices has emerged in the first half of 2025, signaling what could be a popular trend in consumer class action litigation. With demands for substantial...more

Benesch

Updates on CIPA Reform: CA SB 690 Progresses to the Assembly Without Retroactivity Provision.

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A national leader in privacy law, California was among the first states to include an express right to privacy in its constitution, create a data breach notification law, and codify robust consumer data protections. ...more

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

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In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Benesch

Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

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On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Benesch

#ClassAction: Influencer Marketing Class Actions are Trending

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Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the...more

Vinson & Elkins LLP

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

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On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Kelley Drye & Warren LLP

Washington Supreme Court Expands Scope of Anti-Spam Law

Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more

Buchalter

#Ad – Annoyance or Necessary? The Rising Risk of Undisclosed Influencer Deals

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On April 11, 2025, a class-action lawsuit was filed accusing online fashion retailer Revolve Group Inc. of violating the Florida Deceptive and Unfair Trade Practices Act, the Consumers Legal Remedies Act, the Unfair...more

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Foster Garvey PC

BOGO & Discount Pricing: Are You at Risk of a Class Action?

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We have noticed a growing trend of class actions suing businesses over pricing practices. Brands and retailers who advertise discounts framing the discount as a bargain off the “regular price” when the business has never...more

Benesch

Navigating the Fine Print: Ninth Circuit Tightens Scrutiny on Digital Arbitration Agreements

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A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...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

Kilpatrick

5 Key Takeaways | State Sales Tax in 2024: What Every Retailer Needs to Know

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Kilpatrick’s David Hughes and Kylan Memminger recently led a session at the firm's Retail & Consumer Goods Summit. The presentation, “State Sales Tax in 2024: What Every Retailer Needs to Know,” highlighted current sales tax...more

Venable LLP

A Variety of Fees and Surcharges Implicated in Early Cases Enforcing California’s Honest Pricing Law

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Since July 1, when California’s “Honest Pricing Law” or “Hidden Fees Statute” became effective, the plaintiffs’ bar has filed more than a dozen complaints alleging violations of the statute....more

Foley & Lardner LLP

Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

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Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...more

Robinson+Cole Data Privacy + Security Insider

David’s Bridal Hit with Class Actions Over Two Data Breaches

This week, two class actions were filed in the U.S. District Court for the Eastern District of Pennsylvania against David’s Bridal based on two data breaches. The actions allege that David’s Bridal failed to protect the...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

American Conference Institute (ACI)

[Event] 12th Annual Forum on Dietary Supplements - June 25th - 26th, New York, NY

ACI and CRN are excited to welcome you back to New York City this Spring for our 12th Legal, Regulatory & Compliance Forum on Dietary Supplements. Network and collaborate with over 150 industry stakeholders to explore how...more

K&L Gates LLP

Litigation Minute: Class-Action Challenges to Natural and Clean Beauty Product Claims (Beauty and Wellness Series: Part Two of...

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What You Need To Know In A Minute Or Less - A recent rise in class-action complaints against beauty industry leaders, targeting the use of “clean” or “natural” descriptions in cosmetics, further highlights the tightrope...more

K&L Gates LLP

Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

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On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...more

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