This past week, several consumer actions made headlines that affect the retail industry. FTC Issues Business Guidance under Consumer Review Fairness Act On February 21, 2017, the FTC issued guidance to help businesses comply with the Consumer Review Fairness Act. Signed into law in December 2016, the Act is aimed at protecting consumers’ right to share honest opinions about a product or service in any forum. The FTC’s guidance stresses that it’s illegal for companies…

This past week, several consumer actions made headlines that affect the retail industry. New Suit Claims Coca-Cola Falsely Advertised Health Effects of Sugary Drinks On January 4, 2017, the Praxis Project, a non-profit health organization, sued Coca-Cola, claiming the beverage conglomerate misled the public as to the negative health effects of its sodas. The suit alleges that Coca-Cola peddled industry-supported research deflecting focus from sugary drinks to balancing a healthy lifestyle with more physical activity…

This past week, several regulatory, self-regulatory and consumer actions made headlines that affect the retail industry. Regulatory Actions: FTC FTC Drives Home Privacy and Security Point in Comment to NHTSA On November 21, 2016, the FTC’s Director of the Bureau of Consumer Protection filed a comment with the National Highway Traffic Safety Administration (“NHTSA”) in support of including consumer privacy and cybersecurity guidance in NHTSA’s Federal Automated Vehicles Policy. The guidance governs the collection, transmission…

This past week, several consumer, self-regulatory and regulatory actions made headlines: Starbucks’ Glass Half Full: Coffee Purveyor Wins Underfilling Dismissal On August 22, 2016, a U.S. District Court Judge in the Central District of California dismissed with prejudice class plaintiffs’ claims that Starbucks defrauded customers by overfilling its cold beverages with ice and underfilling with the ordered beverage. The Court found that the reasonable customer understands that ice displaces liquid and that some portion of…

This past week, several consumer protection and regulatory actions made headlines: Class Plaintiffs Just Keep Swimming Against Safeway in Underfilled Tuna Case On July 13, 2016, Safeway escaped negligent misrepresentation claims in a putative class action consumer suit alleging that Safeway violated federal guidelines when it chronically underfilled two of its private label canned tuna products. Safeway filed a limited motion to dismiss the class plaintiffs’ unjust enrichment and negligent misrepresentation claims. The court found…

This past week, several consumer protection and regulatory actions made headlines: Once You Pop, the Suit Can’t Stop: 7-Eleven Chip Labeling Suit Begins Again On June 7, 2016, the Ninth Circuit reversed the district court’s dismissal of a proposed class action alleging that plaintiffs were misled by 7-Eleven’s potato chip bags, claiming they had no trans-fat or cholesterol. The lead plaintiff in the case claimed that he relied on the front-of-package labeling and would not…