During the Federal Trade Commission’s (FTC) Open Meeting on May 18, the Commissioners unanimously voted to adopt the Policy Statement on Biometric Information and Section 5 of the FTC Act. The Policy Statement broadly defines biometric data, catalogues the
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Draft Model State PFAS Legislation: A More Holistic Approach To Regulating “Forever Chemicals” in Consumer Products
A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA)
AGs and AI: Transparency is Key
As we have previously reported, State Attorneys General have joined other enforcers in addressing the latest AI technology. At the recent 2023 NAAG Consumer Protection Spring Conference, two separate panels discussed how the AGs are focusing on AI.
When
FCC Open Meeting Recap: May
On today’s episode of Full Spectrum, the Kelley Drye Communications team will be discussing several of the matters raised at the FCC’s May 18, 2023 Open Meeting. First, Partner Chip Yorkgitis discusses the Commission’s Report and Order expanding unlicensed uses
H&M Wins Dismissal in Greenwashing Suit
Abraham Lizama purchased a turquoise sweater from H&M’s “Conscious Choice” collection, a line of clothing “created with a little extra consideration for the planet” which generally include “at least 50% of more sustainable materials.” Although we imagine that Lizama looked
FDA Updates Draft CPG Regarding Major Food Allergen Labeling and Cross Contact: What Manufacturers and Food Retailers Should Do Next
Now and in 10: AG Consumer Priorities and Challenges Today and Tomorrow
Last week, State AG executives and consumer protection staff gathered for the 2023 NAAG Consumer Protection Spring Conference. After a warm welcome to Florida by John Guard, Chief Deputy Attorney General in Florida, first on the agenda was the much-anticipated
Déjà vu: The 5th Circuit Hears Yet Another Challenge to Constitutionality of an Administrative Agency
In the past couple years, the Federal Trade Commission has gone 0 for 2 before the Supreme Court. In AMG, the Court found that Section 13(b) of the FTC Act does not provide the Commission with the authority to
Google to Pay $8 M to Settle with Texas Over DJ Endorsements
In January 2022, the Texas Attorney General filed a lawsuit against Google alleging that the company engaged iHeartMedia DJs to provide endorsements for its Pixel 4 phone, even though they had never used it. In November 2022, the FTC and
The FTC is Not the Only One Tracking Your Use of Health Information
The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health information, and as evidenced by