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
PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted legislation concerning...more
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more
3/11/2024
/ Compliance ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
PFAS ,
Popular ,
Product Packaging ,
Proposed Legislation ,
Risk Mitigation ,
State and Local Government ,
Toxic Chemicals
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more
As a result of changes to the Proposition 65 warning requirements that went into effect in 2018 many businesses have chosen to use the “short-form” warning which does not require the identification of a specific chemical....more
Thousands of companies that do business in California will soon face new climate reporting mandates following Governor Gavin Newsom’s approval of SB 253 (the “Climate Corporate Data Accountability Act”) and SB 261 (the...more
The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....more
10/11/2023
/ Chemicals ,
Compliance Dates ,
Distributors ,
District Attorneys ,
Enforcement Authority ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Governor Newsom ,
Manufacturers ,
New Legislation ,
Retailers ,
Sellers ,
State Attorneys General ,
Toxic Chemicals
The U.S. Consumer Product Safety Commission (CPSC) has published a final rule adopting a mandatory safety standard for consumer products that utilize button cell or coin batteries. CPSC enacted the rule as required by...more
Last week the California legislature passed two bills regulating PFAS in certain products:
..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and
..AB 1423 which restricts the...more
PFAS in Children’s Products has become a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted regulations...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938.
As we...more
The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is significantly changing regulation of the cosmetics industry in the U.S. For the first time, cosmetics manufacturers and brand owners will need to register...more
The U.S. Food and Drug Administration has issued a draft guidance to assist companies submitting cosmetic product facility registrations and cosmetic product listings to the FDA in compliance with the Modernization of...more
The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more
Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more
Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more