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ANA Seeks Changes to Massachusetts Data Breach Notification Law

Still reeling from the enactment of the California Consumer Privacy Act (CCPA), the Association of National Advertisers (ANA) is pushing back against a proposed data breach notification bill in Massachusetts....more

Deceptive ‘Free Trial’ Offers Cost Defendants FTC Action

The Federal Trade Commission (FTC) obtained a temporary restraining order (TRO) that brought a halt to an Internet marketing scam that touted supposedly “free trial” offers for personal care products and dietary supplements....more

BBB Launches New Online Tool to Report Bad Ads

The Better Business Bureau announced a new online tool that allows consumers to report suspicious or questionable ads directly to the organization....more

DOJ Closes Investigation Into Production Practices

The Department of Justice has shuttered its investigation into the subsidiaries of five of the largest ad holding companies without taking any action, the companies recently revealed....more

Shampoo Company Has Good Hair Day With Proposed Settlement

Settling a consumer class action challenging the labeling of its shampoos as “sulfate free” and “free of salt,” Sexy Hair Concepts LLC agreed to pay $2.33 million....more

Moving Company Delivers Fake Reviews, New York AG Alleges

Fake positive online reviews promoting a purported moving company triggered an action filed by the New York attorney general against the company and its owner....more

Poor Coaching: FTC Bans Defendants From Business Coaching Services

As part of a settlement with the Federal Trade Commission (FTC), two individuals and four corporate entities are banned from selling business coaching or development services....more

Retail and Consumer Products Law Roundup - November 2018

California Now Requires Female Directors on Public Company Boards - In a groundbreaking move to bring gender diversity to the boardroom, on Sept. 30, 2018, Governor Jerry Brown signed California Senate Bill 826 (SB 826),...more

New False Ad Suits: Headphones, Pasta Sauce, and Energy Drinks

Recent false advertising lawsuits run the gamut from sweaty Bose headphones to pasta sauce with preservatives to a battle between energy drink companies....more

Senators Seeking Tougher Enforcement on USA Origin Claims

A trio of senators told the Federal Trade Commission that “Made in the USA” enforcement actions were a disappointment and urged the agency to adopt tougher enforcement measures....more

Vizio Settles Smart TV Suit for $17M

After previously reaching a $2.2 million deal with the Federal Trade Commission (FTC) and the New Jersey attorney general (AG), Vizio has agreed to pay an additional $17 million to settle consolidated litigation based on the...more

Latest State Action: Washington AG Sues Debt Collectors

Demonstrating heightened enforcement efforts by some state regulators, Washington Attorney General Bob Ferguson filed suit against a pair of debt collection companies and their owner, asserting the defendants were operating...more

New Law Sets Up Federal-State Showdown Over Net Neutrality

Will California’s net neutrality law survive the federal challenge filed by the Department of Justice? Within an hour of Governor Jerry Brown’s signature on SB 822, restoring the federal net neutrality rules in California,...more

From New York to Florida, Use Reviews With Caution

An enforcement action by the New York Attorney General’s Office and a lawsuit from the Federal Trade Commission (FTC) provide an important reminder about making adequate disclosures when using online reviews....more

IAB Calls for Uniform National Privacy Standard

Facing the requirements of the California Consumer Protection Act (CCPA), the Interactive Advertising Bureau (IAB) is pushing federal lawmakers to adopt a uniform national standard before a patchwork of state privacy laws...more

First Internet of Things Regulation Passes in California

California is ready to take the lead yet again, this time with first-of-its-kind legislation regulating the Internet of Things (IoT). A pair of identical bills—Assembly Bill 1906 and Senate Bill 327, both of which were...more

Major Data Breach Settlement Between Uber and State AGs

Major Data Breach Settlement Between Uber and State AGs - In one of the largest privacy settlements to date, the attorneys general from 50 states and the District of Columbia secured a $148 million settlement from their...more

FTC Takes Action on Country of Origin Claims

Taking on “Made in USA” claims, the Federal Trade Commission (FTC) filed two new cases: one against a New York-based company advertising American-made hockey pucks and a second against related recreational and outdoor...more

FDA: Kid-Friendly E-Cigarette Products Off the Market

Following the issuance of 17 warning letters to the makers of e-cigarette and vaping liquids that resembled brands targeting children, the Food and Drug Administration announced the products are now off the market....more

California Legislature Passes Net Neutrality Bill

In response to the Federal Communication Commission’s decision to repeal the Open Internet Order, California lawmakers have taken matters into their own hands by passing a measure that would provide net neutrality in the...more

Price Gouging Alert for the Carolinas

Last week, Hurricane Florence made landfall. But anticipating its effects before it made landfall or was officially upgraded from a tropical storm, on Sept. 7, 2018, North Carolina Governor Roy Cooper signed Executive Order...more

Class Certification Comes Unglued in Case Against Krazy Glue

The court unglued the plaintiff’s motion to certify a statewide class in a slack fill action against the makers of Krazy Glue, granting the defendant’s motion to deny certification....more

Time to Weigh In: FTC Seeks Comment on Additional Authority

New Federal Trade Commission (FTC) Chair Joseph Simons already broached the topic with legislators, and now the agency has asked for public input on whether the Commission should be granted additional authority over corporate...more

Court Tosses Challenge to L.L. Bean’s Guarantee Change

Leaving the plaintiff even more unsatisfied, a California federal court judge granted L.L. Bean’s motion to dismiss a challenge to the company’s change in guarantee....more

New False Advertising Suits: Dog Food and Olive Oil

What do dog food and olive oil have in common? Both products are the subject of recently filed consumer class actions alleging false advertising....more

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