News & Analysis as of

Retail Market Enforcement Actions

Kelley Drye & Warren LLP

AGs Ask Congress to Take Further Action on ORC

If you have been following our blogs, it should be no surprise that the Attorneys General remain focused on combatting Organized Retail Crime (ORC) using available state and federal tools....more

White & Case LLP

ACCC announces its Compliance and Enforcement Priorities for 2025/26

White & Case LLP on

On 20 February 2025, Gina Cass-Gottlieb, Chair of the Australian Competition and Consumer Commission (ACCC) announced the ACCC's 2025-26 Compliance and Enforcement Priorities. The ACCC's priorities continue to target conduct...more

Seyfarth Shaw LLP

Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

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What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v....more

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

Seyfarth Shaw LLP on

If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Troutman Pepper Locke

Retailers Tap Into Pricing & Data to Boost Cigar Sales

Troutman Pepper Locke on

Bryan Haynes, a partner in Troutman Pepper Locke’s Tobacco + Nicotine Practice Group, was quoted in the January 10, 2025 Convenience Store News article, “Retailers Tap Into Pricing & Data to Boost Cigar Sales.”...more

Wilson Sonsini Goodrich & Rosati

FTC Files Consumer Protection Complaint Against GOAT

On December 2, 2024, the Federal Trade Commission (FTC) announced it had filed a complaint against GOAT, an online retailer of sneakers, apparel, and accessories. In the complaint, the FTC alleged, among other things, that...more

Sheppard Mullin Richter & Hampton LLP

Campaign Promises to Address Rising Prices at the Grocery Store Signal Stronger Price Gouging Investigations, Enforcement Actions,...

Republican and Democrat candidates alike have promised along the campaign trail that they will work to address the costs of everyday essentials for American consumers, particularly for food. One of the centerpieces of the...more

Troutman Pepper Locke

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

Troutman Pepper Locke on

A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Cohen & Gresser LLP

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

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The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

Troutman Pepper Locke

Connecticut Attorney General Continues to Target Unlicensed and Unregulated Cannabis Sales

Troutman Pepper Locke on

Earlier this month, the office of the Attorney General of Connecticut announced that the state had reached a settlement with HighBazaar over allegations that the organization allowed the unlicensed sale of cannabis, and the...more

Troutman Pepper Locke

FDA Ramps Up Enforcement Against Flavored Disposable E-Cigarettes as External Pressures Mount

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In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products....more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Fashion & Retail Industry

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For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more

Ballard Spahr LLP

FTC Sues Amazon Alleging Deceptive Marketing Tactics for Prime Subscriptions

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The Federal Trade Commission (FTC) last week filed a civil case against Amazon alleging that the company used “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into...more

The Volkov Law Group

Food Company Pleads Guilty and Agrees to Pay $19.2 Million for Manufacturing Under Unsanitary Conditions

The Volkov Law Group on

The Justice Department has a long-record of criminal prosecutions of companies for manufacturing food products under unsanitary conditions.  In recent years, DOJ has prosecuted Blue Bell Ice Cream, Chipotle, ConAgra Grocery,...more

Jones Day

China's Supreme Court Ruling Likely to Prompt More Follow-on Antitrust Litigation

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In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more

Polsinelli

What’s Old Is New Again: Reviving “Fairness” With Renewed FTC Price Discrimination Enforcement And What That Means For Companies

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On January 10, 2023 Politico reported that the Federal Trade Commission (“FTC”) has launched antitrust investigations into Pepsi and Coca Cola. According to the article, the “companies’ pricing strategies are being...more

BakerHostetler

Made in USA, Part Two – How Far Back Do You Have to Look?

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Prior to the new year, we blogged about how the Federal Trade Commission’s (Commission) decision to codify its Made in USA (MUSA) guidance into a rule – and the accompanying threat of civil penalties – makes it all the more...more

Proskauer - Minding Your Business

Price Gouging Litigation Continues Apace

As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more

The Volkov Law Group

DOJ’s Criminal Cartel Prosecution of Chicken Industry Expands Net — Koch Foods and Four Pilgrim’s Pride Executives Charged

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The Justice Department’s Antitrust Division continues to target a sprawling cartel investigation of the chicken industry.  In its most recent action, the Justice Department announced an indictment of Koch Foods and four...more

Bilzin Sumberg

Salmon Price-Fixing Litigation Survives Dismissal

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On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more

Cozen O'Connor

“Made in USA” Labeling Could be Costly for Businesses

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Following a public comment period, the Federal Trade Commission (FTC) recently approved a consent order resolving a complaint alleging deceptive “Made in USA” labeling and advertising practices against Chemence, Inc., a glue...more

Bilzin Sumberg

Chicken Criminal Price-Fixing Case Heats Up

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As the Bilzin Sumberg team previously reported in June 2020, the Department of Justice (DOJ) indicted four executives from Pilgrim’s Pride and Claxton Poultry for their participation in a conspiracy to fix prices and rig bids...more

The Volkov Law Group

DOJ Adds Six New Defendants to Price-Fixing Boiler Chicken Conspiracy

The Volkov Law Group on

The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy....more

Spirit Legal

35 million reasons to take privacy seriously: German data protection authority hits fashion store owner H&M with second-highest...

Spirit Legal on

It was announced today that the Hamburg data protection authority (DPA) has imposed a fine of a whopping €35,258,707.95 on the fashion retailer H&M Hennes & Mauritz Online Shop A.B. & Co. KG, which is based in Hamburg....more

Hogan Lovells

Rethinking recyclable packaging claims in an evolving litigation landscape

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Historically, neither food companies nor the plaintiffs’ bar have lost sleep over “recyclable” or “recycled content” claims. Over the past year, however, there has been increasing attention to and scrutiny of recyclable...more

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