Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more
With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more
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
2/20/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
CIPA ,
Class Action ,
Commercial Bankruptcy ,
Compliance ,
Data Privacy ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Immigration ,
Independent Contractors ,
Influencers ,
International Trade ,
Mergers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
NAD ,
PFAS ,
Private Attorneys General Act (PAGA) ,
Public Health ,
Retailers ,
Supply Chain ,
Tariffs ,
Terms of Use ,
Tracking Systems ,
Trump Administration ,
Workplace Investigations
The Federal Trade Commission (FTC) has continued its crackdown on false and misleading “Made in USA” claims. Since finalizing the Made in the USA Labeling Rule in 2021, which authorizes the agency to levy civil penalties...more
In a December 2, 2024, press release, the Federal Trade Commission (FTC) announced the filing of a court order requiring online marketplace GOAT to pay more than $2 million for violating FTC rules and the company’s own...more
In an October 16, 2024, press release, the Federal Trade Commission (FTC) announced its final Negative Option Rule, requiring businesses to make it as easy for consumers to cancel their enrollment in recurring subscriptions...more
Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union.
Chanel argued that the marks were too similar and would cause confusion among cosmetic consumers....more
The FTC’s Warning Letters -
Earlier this month, the Federal Trade Commission (FTC) sent eight companies warning letters regarding their warranty practices, alerting them that certain restrictive warranty language may violate...more
Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these...more
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more
Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages.
PFAS, commonly referred to as “forever...more
On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more
The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule.
The Energy Labeling Rule, designed to aid consumers in...more
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
3/5/2024
/ Artificial Intelligence ,
Class Action ,
CLRA ,
Consumer Product Safety Commission (CPSC) ,
Corporate Transparency Act ,
Data Privacy ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Greenwashing ,
Hidden Fees ,
Invasion of Privacy ,
Labeling ,
Lithium Batteries ,
Machine Learning ,
Made in the USA ,
Marketing ,
Misleading Statements ,
PFAS ,
Proposition 65 ,
Recycling ,
Reporting Requirements ,
Self-Certification ,
Subscription Services ,
Wage and Hour ,
Wiretapping
The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are...more
10/23/2023
/ Consumer Financial Protection Bureau (CFPB) ,
Department of Transportation (DOT) ,
Enforcement ,
False Advertising ,
FCC ,
Federal Trade Commission (FTC) ,
Fees ,
Hidden Fees ,
Hotels ,
HUD ,
Penalties ,
Permanent Bans ,
Proposed Rules ,
Rulemaking Process ,
Service Charges
As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more
California state legislators have joined the arena in the fight relating to advertised rates in the hotel industry and beyond. If the recent legislation is signed by Governor Gavin Newsom, the law will have significant...more
On August 18, 2023, Travelers United, a traveler advocacy organization, filed a class-action lawsuit against Hyatt Hotels Corporation and its affiliates, accusing Hyatt of falsely advertising hotel room rates and cheating...more
On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more
After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. ...more
The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more
11/19/2021
/ Attorney's Fees ,
California ,
Civil Monetary Penalty ,
Class Action ,
False Advertising ,
Injunctive Relief ,
Refunds ,
Restitution ,
Settlement Agreements ,
Shipping ,
Unfair Competition
Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more
The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more
A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more
Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more