Takeaway
Regardless of your industry it may be time to take a closer look at your potential vulnerability to a claim about hidden fees or drip pricing.
Latest from Consumer Protection Review - Page 13
FDA Issues Warning Letters Regarding Adulterated Cosmetics
In September 2019, the FDA sent warning letters to three tattoo ink manufacturers about microbial contamination in the products. The agency conducted microbial analysis of tattoo ink samples collected from customers around the country.
The warning letters noted that the
U.S. Supreme Court Denies Domino’s Cert Petition Seeking to Challenge Ninth Circuit Decision Regarding Website Accessibility under the ADA
Earlier today, the Supreme Court denied a petition filed by Domino’s Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps. As we’ve previously discussed, the U.S.
The Ninth Circuit Ratifies California’s McGill Rule: Consumers Cannot Waive Statutory Rights to Seek a Public Injunction via Arbitration Agreement
On June 28, the Ninth Circuit adopted the California Supreme Court’s McGill rule in Blair v. Rent-a-Center, Inc., 928 F.3d 819 (9th Cir. 2019). In Blair, the Ninth Circuit held the McGill rule to be consistent with the Federal Arbitration
Video Game Loot Boxes: FTC Workshop on the Role of Virtual Rewards in Game Play
On August 7, 2019, the Federal Trade Commission convened an all-day workshop to discuss consumer protection issues associated with “loot boxes”—randomized virtual items players can purchase or earn in video games. While the production cost of video games has increased
Industry Insights: Putting “Pure” Claims in Context
With increasing attention to lawsuits based on “natural” claims, some litigants have also challenged claims that products were “100% pure.” Many suits have attempted to use findings of chemical or pesticide residue to attack a product’s marketing regarding its purity.
While
ERSP Reminds Brands to Disclose Connections with Ambassadors
The Federal Trade Commission (FTC) and self-regulatory bodies such as the Electronic Retailing Self-Regulation Program (ERSP) have their attention focused on social media influencers. In a recent decision involving Alo, LLC—the company behind Alo Yoga, a popular purveyor of yoga-related
Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD
On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).
In this update, we review Dr. Gottlieb’s proposal
A Cosmetic, A Drug, or Both?
Takeaways:
- The intended uses of products are relevant to their classification as a cosmetic and/or a drug.
- Products can be regulated concurrently as both a drug and a cosmetic depending on intended uses.
- Companies should be aware of claims of
SCOTUS: Private Entities Operating Forums for Speech Are Not State Actors
Against the background of lawsuits and debate about the role of communications service providers in moderating speech on their platforms, the U.S. Supreme Court has weighed in, affirming that private entities that host forums for speech are not state actors