News & Analysis as of

Retailers Consumer Protection Laws

Troutman Amin LLP

JOURNEYS: Genesco, Inc. Sued in TCPA Class Action Over Promotional SMS Messages From Journeys Brand

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Interesting new TCPA class action filing. Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop. Per the...more

Katten Muchin Rosenman LLP

Texas and Louisiana Serve Up New Laws on Food Product Labels and Disclosures

In a significant move toward greater labeling transparency and state oversight of food policy, Texas and Louisiana have enacted new laws requiring special labels and disclosures for certain food ingredients. Aimed at...more

Bergeson & Campbell, P.C.

Prop 65 “Short Form” Warning Requirements — A Conversation with Lisa R. Burchi

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more

Loeb & Loeb LLP

Addition of Arbitration Provision To Terms Not Binding Without Consumer's Clear Agreement

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On July 3, 2025, a federal court rejected Safeway’s attempt to make customers resolve a false advertising lawsuit in arbitration instead of court. The lawsuit involves customers from California, Oregon and Washington, D.C.,...more

BCLP

New York's Sweeping Algorithmic Pricing Reforms - What Retailers Need to Know

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On May 9, 2025, New York signed into law the Algorithmic Pricing Disclosure Act – a first-of-its-kind law mandating businesses to disclose the use of algorithmic pricing based on personal data. ...more

Buchalter

A Summer Surge in Proposition 65 Notices of Violation- Bisphenol S (BPS) in Receipts, UPC Stickers and Thermal Labels - Are Your...

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California Proposition 65 (formally the Safe Drinking Water and Toxic Enforcement Act of 1986) (“Prop. 65”) enforcement is hot—and this time, the spotlight is on Bisphenol S (BPS), a chemical often used in thermal receipt...more

ArentFox Schiff

From Cart to Court: New York Demands Algorithmic Price Transparency

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A typical tactic employed by retailers is to reduce the price of an item that has remained in a consumer’s shopping cart. This practice may now become illegal if those retailers fail to state, “THIS PRICE WAS SET BY AN...more

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

K&L Gates LLP

European Union Targets SHEIN Over Consumer Law Breaches: What Online Sellers Must Learn Fast

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In late May 2025, the Consumer Protection Cooperation (CPC) Network and the European Commission (EC) concluded a joint investigation into online marketplace and e-retailer SHEIN. The result? A strong warning shot: Several of...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

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FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

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

JUSTICENTER

Product Liability: What It Means and How to Pursue a Claim 

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When we buy a product, we expect it to work properly and keep us safe. However, some products cause serious injuries because of poor design, production errors, or missing warnings. This is where product liability law comes...more

Gordon Rees Scully Mansukhani

Wave of Enforcement Actions Initiated under California’s Prop 65 Targets Thermal Receipts at California Stores

In the first half of 2025, two private enforcers have targeted over 200 companies operating in the state for purported exposure to Bisphenol S (BPS) from retail store thermal receipts provided to customers in California. The...more

Womble Bond Dickinson

Snack Wars: Mondelez Challenges Aldi’s Packaging Design Strategy in Trademark Infringement Lawsuit

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The Aldi supermarket chain has built a loyal and growing following—Aldi is on pace to open more than 225 new stores this year and promotes itself as a lower-cost alternative to traditional brands.  Aldi has previously used...more

Freeman Law

New York Retailer Law Update 2025

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When I see a state law change that may impact my clients whose reach expands into other jurisdictions, including the Big Apple State, I do what I can to provide content and information on the subject. In this case, the State...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

Bradley Arant Boult Cummings LLP

Cloud Control: Alabama’s Newest Nicotine Regulation That’s Just Too “Juicy” to Ignore

On May 14, Alabama Gov. Kay Ivey signed Alabama HB8 into law. Effective June 1, HB8 introduced sweeping changes that will reshape how nicotine products are sold, marketed, and regulated in Alabama. You heard that right,...more

BakerHostetler

California Courts Split on Whether To Dismiss Song-Beverly Credit Card Act Claims for Online Purchases

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Ten years ago, a California Court of Appeal determined that the Song-Beverly Credit Card Act of 1971 (also the Act), an act that prohibits retailers from requiring consumers’ personally identifiable information (PII) as a...more

Bass, Berry & Sims PLC

Bedlam No More: Oklahoma Formally Allows Credit Card Surcharges

On May 28, Oklahoma enacted SB 677, which became law without the signature of Oklahoma Governor Kevin Stitt. This new law repeals Oklahoma Statute Title 14A, Section 2-417, which previously barred sellers from imposing a...more

Orrick, Herrington & Sutcliffe LLP

CFPB allowed to drop suit against multinational retailer

On May 13, the U.S. District Court for the District of Minnesota issued a notice of dismissal with prejudice wherein the CFPB, as plaintiff, initiated a legal action against two defendants: a multinational retailer from...more

Goodwin

CFPB Dismisses Deposit Account Lawsuit Against National Retailer and Fintech Company

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The Consumer Financial Protection Bureau voluntarily dismissed its lawsuit with prejudice against a major retailer and a fintech company in the District of Minnesota....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

Venable LLP

Virginia Enacts Baby Food Safety Law

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On May 2, Governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to...more

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