The Federal Trade Commission has announced that it will hold an informal hearing on February 13, 2024 on the agency’s proposed rule banning fake reviews and testimonials. As we reported in July 2023, the FTC is proposing to ban business
Hunton Retail Law Resource
Analysis and Insight in Retail Law
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Extended Producer Responsibility for Packaging: What’s Ahead in 2024
With the growing emergence of Extended Producer Responsibility (EPR) laws, companies selling products in the United States must increasingly plan for the end of a product’s life. EPR programs shift waste-management responsibilities that have traditionally been handled by consumers or…
Just Browsing? Courts Differ on Whether Website Users Lack Article III Standing for Wiretapping Claims
Earlier this month, a Pennsylvania federal judge held that users of Bass Pro Shops’ and Cabela’s websites lacked Article III standing to sue the retailers for use of “session replay” software, where the users failed to allege that the software…
Strip Mall Revival
Strip malls are seeing a surge in valuation, perhaps due to Americans’ desire for the in-and-out convenience that they offer due to their proximity to main roads. Once seen as eyesores, some strip malls are getting face lifts. With many…
FTC Warns Influencers and Trade Associations to Be Much More Specific About Ties
Last week, the FTC sent high profile warning letters to two trade associations, the American Beverage Association (AmeriBev) and the Canadian Sugar Institute, and 12 registered dieticians regarding inadequate disclosures in the dieticians’ social media posts. While the specific influencer…
First-in-the-Nation Climate Disclosure Bills Become Law In California
On October 7, 2023 California Governor Gavin Newsom signed two landmark climate disclosure laws aimed at making major companies publicly disclose their greenhouse gas emissions and report on their climate-related financial risks.…
California Passes Legislation Banning Junk Fees
As we reported Friday, the FTC has proposed a rule to ban misleading and hidden fees. While that initiative is pending, California Governor Gavin Newsom signed similar legislation, SB 478, into law. Effective July 1, 2024, the California statute prohibits…
FTC Proposes Rule Banning “Junk Fees”
The FTC announced a Notice of Proposed Rulemaking (NPRM) targeting misleading and hidden fees, commonly known as “junk fees,” and how businesses may advertise and market prices to consumers. The NPRM was drafted based on over 2,000 public comments to…
CARU Releases Guidelines for Advertising to Children in the Metaverse
BBB National Programs’ Children’s Advertising Review Unit (CARU) has released new Guardrails for Child-Directed Advertising and Privacy in the Metaverse. As explained in a BBB press release, the Guardrails are intended to provide companies with best practices as they navigate…
Hey Dude: Review Suppression is Illegal and You’re Obligated to Ship Goods on Time
The FTC announced an enforcement action against online shoe seller Hey Dude, Inc. (a subsidiary of Crocs, Inc.) alleging Hey Dude suppressed more than 80% of consumer reviews that provided less than four out of five stars. The complaint also…