On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more
On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more
1/28/2025
/ Antitrust Provisions ,
Competition ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Excessive Pricing ,
Federal Trade Commission (FTC) ,
Information Reports ,
Personal Data ,
Pricing ,
Product Pricing ,
Surveillance ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission has issued a long-anticipated final Rule on Unfair or Deceptive Fees (the Rule), colloquially known as the “Junk Fees” Rule, targeting mandatory hidden fees and ensuring transparent pricing...more
12/27/2024
/ Disclosure Requirements ,
Event Tickets ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
Hidden Fees ,
Hospitality Industry ,
Hotels ,
Ticket Pricing ,
Unfair or Deceptive Trade Practices
California’s proposed amendments to the Proposition 65 short-form warning requirements have been approved and are set to take effect on January 1, 2025. Businesses that use the current version of the short-form warning will...more
The Federal Trade Commission (FTC) published its final “Click-to-Cancel” Rule in the Federal Register on November 15, 2024, meaning that companies should ensure that they comply with the rule’s requirements within the next...more
11/20/2024
/ Cancellation Rights ,
Compliance ,
Consent ,
Consumer Contracts ,
Disclosure Requirements ,
Federal Register ,
Federal Trade Commission (FTC) ,
Final Rules ,
Misrepresentation ,
ROSCA ,
Subscription Services
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging...more
PFAS in Children’s Products is a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. ...more
On September 29, 2024, Governor Newsom approved AB 347 which, among other things, finally answers the question of which California agency will be tasked with enforcing and interpreting at least some of California’s PFAS in...more
11/4/2024
/ Compliance ,
Compliance Dates ,
Consumer Product Companies ,
Enforcement ,
Governor Newsom ,
Manufacturers ,
New Legislation ,
Penalties ,
PFAS ,
Registration Requirement ,
Toxic Chemicals
If it’s been a while since you’ve looked at the state and federal laws governing autorenewals, subscriptions, and continuous service offers, your business is likely in need of an update. Multiple jurisdictions, on both state...more
California has become the first state in the nation to pass an extended producer responsibility (EPR) law making producers of apparel and textiles responsible for the full lifecycle of those products....more
The Federal Trade Commission (FTC) has published a long anticipated Final Rule on the Use of Consumer Reviews and Testimonials that prohibits certain practices the FTC deems misleading or deceptive, provides additional...more
In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more
9/19/2024
/ AMG Capital Management LLC v FTC ,
Civil Monetary Penalty ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the FTC means in prohibiting the use of fake indicators of social media influence, and fake review...more
In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the Final Rule means for so-called “insider” consumer reviews and testimonials, and also review...more
In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more
9/10/2024
/ Advertising ,
Celebrity Endorsements ,
Compensation ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Endorsement Guidelines ,
Incentives ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements
The Federal Trade Commission, as we previously reported, has published a Final Rule on consumer reviews and testimonials that prohibits certain practices the FTC deems to be deceptive or misleading in six areas: (1) fake or...more
The Federal Trade Commission (FTC) has published a long anticipated Final Rule that prohibits certain practices that the FTC deems misleading or deceptive when it comes to consumer reviews and testimonials. As we anticipated...more
9/4/2024
/ Advertising ,
Celebrities ,
Celebrity Endorsements ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Endorsements ,
Online Reviews ,
Testimonial Statements
In the absence of comprehensive federal regulation of PFAS in cookware, states are enacting and proposing their own laws. Thus far, eight (8) states have enacted laws addressing PFAS substances in cookware and bakeware...more
CalRecycle has issued updates to its Covered Material Categories (CMC) list that provides insights and clarification on what materials are likely to be deemed recyclable or compostable in compliance with California’s extended...more
The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more
7/12/2024
/ Comment Period ,
Consumer Product Companies ,
Internet Retailers ,
Manufacturers ,
OEHHA ,
Proposed Amendments ,
Proposition 65 ,
Public Comment ,
Retailers ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing companies to include mandatory...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more
A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more
Retailers with private label products, restaurants and consumer product manufacturers should consider whether they are subject to state extended producer responsibility (EPR) laws, and therefore should register with the...more