Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.
Multistate
- A coalition of 11 attorneys general led by Massachusetts Attorney General Andrea Joy Campbell sent a letter to Congress urging that they protect the Inflation Reduction Act by rejecting cuts proposed by House Republicans that threaten the IRA’s ability to significantly reduce greenhouse gas emissions and create environmentally sustainable jobs.
- Two coalitions of 19 state attorneys general, led by New York Attorney General Letitia James, submitted comments in support of the U.S. Department of Justice (DOJ) and the Federal Trade Commission’s (FTC) proposed revisions to strengthen the Merger Guidelines. The first set of comments support the DOJ and FTC’s classification of a broader spectrum of mergers as presumptively anticompetitive and their raising the standards of proof required for defenses raised by the merging parties. The coalition also suggests clarifying certain passages in the Guidelines or providing more detailed discussions of the legal and evidentiary standards that FTC and DOJ are planning to apply to facilitate better understanding by merging parties, enforcers, and the general public. The second set of comments supports the DOJ and FTC’s decision to expressly state that antitrust laws protect competition in labor markets, which will help protect workers’ wages especially in rural markets and in concentrated industries like healthcare. The coalition also writes in support of the agencies’ new guidelines to examine not only the merging firms’ power to affect wages, but also their ability to impact workers’ benefits and working conditions.
California
- California Attorney General Rob Bonta announced a settlement with Biora Therapeutics, Inc., a biotechnology company, resolving allegations that it violated consumer protection laws by making misleading claims regarding the costs of its genetic testing services when advertising to healthcare providers and patients. According to the settlement, Biora will pay $200,000 in penalties and waive all outstanding debts of California consumers. The company is also restricted from marketing and advertising for three years.
Ohio
- Ohio Attorney General Dave Yost announced a lawsuit against DBA Hamilton Construction, a home-improvement contractor, and its owner for allegedly accepting payments from customers but failing to deliver most of the promised goods or services within eight weeks, as required by Ohio law. The action seeks injunctive and monetary relief.