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
7/13/2022
/ Baby Products ,
California ,
Consumer Product Companies ,
Consumers ,
Executive Orders ,
Food & Drug Regulations ,
Food Supply ,
Local Ordinance ,
New Legislation ,
Price Gouging ,
Retail Market ,
Supply Chain
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
6/9/2022
/ Baby Products ,
Business Disruption ,
Comment Period ,
Consumer Product Companies ,
Federal Trade Commission (FTC) ,
Food Products . ,
Food Supply ,
Manufacturers ,
Price Gouging ,
Retail Market ,
Suppliers ,
Supply Chain ,
Supply Shortages ,
Unfair or Deceptive Trade Practices
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
5/20/2022
/ Baby Products ,
Biden Administration ,
Corruption ,
Defense Production Act ,
Goods or Services ,
Price Gouging ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
3/21/2022
/ Antitrust Provisions ,
Antitrust Violations ,
Doing Business ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
Regulatory Standards ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
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
12/2/2021
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Goods or Services ,
Infectious Diseases ,
New York ,
Price Gouging ,
Price Inflation ,
Retail Market ,
State of Emergency ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
11/2/2021
/ Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Enforcement Actions ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Putative Class Actions ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
9/14/2021
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Food Supply ,
Goods or Services ,
Infectious Diseases ,
Price Gouging ,
Price Inflation ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
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
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
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 to our clients and friends....more
11/11/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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 to our clients and friends....more
11/6/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many...more
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 to our clients and...more
Price gouging laws have become more relevant than ever, but a historical review reveals that price gouging laws may be a historically recent, and misguided development. It was not until 1979 that New York State enacted the...more
Since the ongoing states of emergency were put in place in response to a health crisis, pricing in the pharmaceutical industry is under more of a microscope than usual. While the immediate focus may be on products that are...more
9/3/2020
/ Audits ,
Compliance ,
Coronavirus/COVID-19 ,
Federal Funding ,
Infectious Diseases ,
Life Sciences ,
Pharmaceutical Industry ,
Prescription Drugs ,
Price Gouging ,
Proposed Regulation ,
State of Emergency ,
Supply Chain
Price gouging enforcement is at an all-time high, but many ambiguities about the application of these state laws remain. Among the many questions left unanswered: what does a statute mean when it says “trade area” or “market...more
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 to our clients and...more
Private plaintiffs and state enforcers have been targeting businesses up and down the supply chain for price gouging violations. Some of these actions have been over the price of goods long associated with the COVID-19...more
8/17/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Public Health Emergency ,
State Attorneys General ,
State of Emergency ,
Statute of Limitations ,
Supply Chain ,
Unfair or Deceptive Trade Practices
State price gouging laws do not typically address product improvements or reformulations. Still, businesses should consider price gouging restrictions when releasing “new and improved” products, as the same pricing...more
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 to our clients and...more
7/21/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
The pandemic has demonstrated that price gouging laws are not only written in an ambiguous manner, but are ambiguous as to whether they are in effect or not. A recurring problem faced by businesses is that some states are not...more
7/10/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Executive Orders ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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 to our clients and...more
What’s New in Version 2 -
To help businesses navigate state price gouging statutes, we have updated this guide with revised content addressing new developments in state price gouging laws and emergency measures currently...more
7/2/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices