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State AGs Settle Cause Marketing Suit Over ‘Operation Teddy Bear’

A group of 16 state attorneys general reached a deal with a Tennessee nonprofit charged with violating state law with its “Operation Teddy Bear” program....more

ANA Pushes for Balanced Approach to Privacy

The Association of National Advertisers (ANA) is pushing back against the proliferation of privacy legislation similar to the European Union’s General Data Protection Regulation (GDPR) and California’s new privacy law in a...more

FTC Asks Lawmakers for Additional Authority

The newly filled Federal Trade Commission testified before Congress recently, with Chairman Joseph Simons calling for more agency power to provide additional consumer privacy protections....more

New York Court Gets Fresh With Juicemaker

A New York federal court judge narrowed the scope of a consumer class action brought against Whole Foods and Freshbev over a line of juices marketed as “fresh.”...more

California Supreme Court Gives Yelp a Positive Review

In a closely watched case, a divided California Supreme Court ruled that a court order directing Yelp to remove defamatory posts violated section 230 of the Communications Decency Act (CDA)....more

Insights From the State AG Coordinated Opioid Investigation

Editor’s Note: In the June 18, 2018, issue of Law360, Manatt shared insights into the spate of opioid-related lawsuits that state attorneys general have filed over the past year and the bipartisan multistate investigation...more

7/20/2018  /  Investigations , Opioid

Retail and Consumer Products Law Roundup - July 2018

California Governor Signs Sweeping New Privacy Legislation - Governor Brown and California legislators enacted far-reaching consumer privacy and data security protections in a deal to avoid a deeply flawed privacy...more

FTC, AG Successful in Shutting Down Revenge Porn Site

A Nevada federal court permanently shut down the revenge porn site MyEx.com and ordered the operators to pay more than $2 million in an action brought by the Federal Trade Commission (FTC) and the Nevada attorney general...more

Mark Your Calendar: FTC Schedules Series of Public Hearings

At the top of the list of priorities for the new Federal Trade Commission: taking stock. The agency—at full capacity with a brand-new slate of commissioners for the first time in years—announced a series of public hearings...more

Vermont Enacts First Data Broker Law

Vermont became the first state in the country to pass legislation to regulate data brokers, when it mandated that they register with a state regulator and establish minimum security standards....more

Time to Renew Compliance With California Auto Renewal Law

Companies that offer subscription-based plans should mark their calendars for July 1, when changes to California’s Automatic Renewal Law take effect....more

Fourth Circuit Sets Standard for Lanham Act Attorney Fees

The U.S. Court of Appeals for the Fourth Circuit has ruled that a prevailing party is entitled to attorney fees only if it convinces the court by a preponderance of the evidence that the case was “exceptional.”...more

Fight California’s Proposed Privacy Law, ANA Tells Advertisers

The Association of National Advertisers (ANA) is pushing back against a proposed ballot initiative—the California Consumer Privacy Act of 2018—that would make sweeping changes with regard to consumer privacy and extend the...more

Supreme Court Bets on Sports Gambling

Paving the way for legalized gambling—and advertising for the industry—the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) in a challenge involving the state of New Jersey....more

Florida AG Tables Restaurant’s ‘Farm-To-Table’ Claims

“Locally sourced” claims from a Florida restaurant chain triggered a complaint from the state’s attorney general, who alleged the defendant actually purchased its ingredients from a national food distributor....more

FTC Settles Sound Amplifier False Advertising Claims

Claims for a sound amplifier were too loud for the Federal Trade Commission, which settled charges of deceptive advertising in violation of Section 5 of the FTC Act with the Florida-based entities that manufactured the...more

Plaintiff’s Ginger Ale Suit Not Quenched

A putative class action alleging that Dr. Pepper misled consumers into thinking its Canada Dry Ginger Ale contains real ginger will move forward after a federal court judge in Missouri denied the defendant’s motion to dismiss...more

New Bill Would Offer Social Media Protections

In the latest legislative proposal addressing consumer privacy, Sens. Amy Klobuchar (D-Minn.) and John Kennedy (R-La.) introduced a bill that would provide social media users with more control over their data....more

More Personnel Changes at FTC

The shake-up at the Federal Trade Commission goes on, with Commissioner Terrell McSweeny announcing her plans to resign and the Senate confirming the five White House nominees to give the agency a full slate for the first...more

Will New York Expand Publicity Rights Law?

The New York Legislature is weighing a new bill that would expand the state’s publicity rights law—and the Association of National Advertisers (ANA) is pushing back....more

FTC Details Top Consumer Complaints of 2017

The Federal Trade Commission’s annual Consumer Sentinel Network Data Book revealed the top consumer complaints for 2017, with debt collection maintaining its title as the most-complained-about topic....more

Retail and Consumer Products Law Roundup - April 2018

New Guidance From SEC, New York’s DFS - Hoping to help covered entities, the Securities and Exchange Commission (SEC) released an update on cybersecurity while New York’s Department of Financial Services (DFS) published...more

Zappos Must Face Data Breach Lawsuit, Ninth Circuit Rules

A class action seeking damages for a 2012 data breach at Zappos.com that impacted 24 million customers will move forward after the U.S. Court of Appeals for the Ninth Circuit reversed a dismissal of certain plaintiffs for...more

Remember the Right to Be Forgotten? Google Does

Google grants just under half the requests seeking to remove Internet links, according to the latest report from the company....more

FTC Nominees Make Progress

The confirmation of four new members of the Federal Trade Commission (FTC)—including a chairperson—inched closer to reality after the Senate Commerce Committee approved the nominations....more

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