This article was originally published in Automotive World. The future of the mobility is dependent on AI, but without greater understanding among consumers, trust could be hard to build. The mobility sector is keen to realise the full benefits of artificial intelligence (AI), not least to open up the revenues which data-driven connected services could offer. But moving forward, it must balance these opportunities with the rights of drivers, passengers and pedestrians. A number…

Retail & Consumer Products Law Observer

Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements

By Cheryl A. Falvey, John Fuson & Mariam Sarwar

September 11, 2020

In the wake of the COVID-19 pandemic, product manufacturers and distributors—many of whom have pivoted to create PPE-related products for the first time—are now faced with a veritable morass of guidelines and requirements to navigate from a variety of governmental agencies. Recent enforcement actions by federal agencies have only highlighted the importance of understanding exactly how a product must be produced, advertised, labeled, and sold. This begs the important question: who is the regulator and…

Retail & Consumer Products Law Observer

Recalls in Review: Electric- and Gas-Powered Scooters

By Carolyn Wagner & Colleen Johnson

September 4, 2020

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. Electric scooters have taken American cities by storm as micromobility companies expand to meet consumer demand for more convenient transportation options. As with bicycles, scooters have become a go-to option for consumers who are seeking socially distant activities and modes of transportation amid the COVID-19 pandemic. The regulation landscape for powered scooters is still being charted. Although a federal safety standard…

Retail & Consumer Products Law Observer

NHTSA versus CPSC Jurisdiction Over Certain Micromobility Products

By Scott L. Winkelman, Mariam Sarwar & Amanda Lineberry

September 2, 2020

Mopeds fall within NHTSA’s jurisdiction when they can go over 20 mph and are meant to be used primarily on roads. They’re considered “motor-drive cycles,” which are a subset of motorcycles. In NHTSA’s world, a motorcycle is “a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.”[1] A motor-drive cycle is…

Retail & Consumer Products Law Observer

Surge of Retail Bankruptcies Coincides With the Anniversary of ‘Tempnology’

By Ilana Lubin & Mark Lichtenstein

September 1, 2020

In light of the recent COVID related wave of bankruptcies affecting fashion brands such as John Varvatos and True Religion, the article explores the trends and implications since the one-year anniversary of ‘Mission Product Holdings v. Tempnology.’ It is no secret that the fashion industry has been steering against a headwind of challenges. Beginning with the rise of e-commerce and the layering on of significant amounts of debt, the current global pandemic might be said…

Retail & Consumer Products Law Observer

California Attorney General Begins Enforcement of CCPA Even Ahead of Regulations’ Approval

By Clay Friedman, Natalie O. Ludaway, Michael Yaghi, Joselle Albracht & Suzanne Trivette

August 27, 2020

On August 14, 2020, California Attorney General Becerra announced that the Office of Administrative Law approved final regulations under the California Consumer Privacy Act (CCPA). The approved regulations, which became effective immediately, guide businesses and consumers on the CCPA. The final regulations can be found here. Even before final approval of the regulations, the California Attorney General’s Office announced that it had already begun enforcing the CCPA in California. By July 10, 2020, the…

Retail & Consumer Products Law Observer

Recalls in Review: Bicycle Helmets

By Carolyn Wagner & Colleen Johnson

August 26, 2020

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. As bicycles become a go-to social distancing option for consumers, we turn our attention in this Recalls in Review segment to an associated (and also closely regulated) product—bicycle helmets. The CPSC mandates that all bicycle helmets manufactured or imported since March 17, 1995 meet the standard set forth in 16 CFR Part 1203.1(c). This mandatory standard covers bicycle helmets and multipurpose…

Retail & Consumer Products Law Observer

California Approves Final CCPA Regulations

By Kristin Madigan, Jeffrey L. Poston, Paul M. Rosen, Jarno Vanto, Maida Oringher Lerner & Lee Matheson CIPP/US, CIPP/E, CIPP/A, CIPM

August 21, 2020

On August 14, 2020, California Attorney General Xavier Becerra released final implementing regulations for the California Consumer Privacy Act (CCPA). The CCPA became enforceable on July 1, 2020, and Becerra’s office submitted a final proposed draft of the regulations to the California Office of Administrative Law (OAL) on June 1, 2020. The Proposed Regulations have gone through several revisions since the publication of the initial draft in October of 2019. The OAL approved the final…

Retail & Consumer Products Law Observer

20 Miles Per Hour Divides NHTSA and CPSC Jurisdiction Over Micromobility Products

By Rebecca Baden Chaney

August 19, 2020

As alluded to in last week’s post, Product Safety Regulations for Electric Bicycles and Scooters, micromobility products, such as e-bikes and scooters, fall at the intersection of jurisdiction between two distinct federal agencies: the Consumer Product Safety Commission (CPSC) and National Highway Traffic Safety Administration (NHTSA). The CPSC is charged with protecting the public from unreasonable risks of injury or death associated with “consumer products.” “Consumer products” broadly defined includes any product for use…

Retail & Consumer Products Law Observer

States and Major Environmental and Consumer Organizations Threaten to Sue the Department of Energy Over Alleged Delays in Issuing Energy Efficiency Standards

By Cheryl A. Falvey, Tyler A. O'Connor, Matthew B. Welling & Charlene Sun

August 14, 2020

On Monday, more than a dozen states and major environmental and consumer organizations issued notices of intent (available here and here) to sue the Department of Energy (DOE) for alleged violations of the Energy Policy and Conservation Act (EPCA). As discussed in previous client alerts, DOE administers EPCA by setting mandatory appliance efficiency standards or conservation standards for over 60 covered products. Under the law, DOE is required to reexamine the standards for…

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Blog Authors

Automakers and Regulators Must Educate Consumers on Mobility AI

Who is the regulator? What is the rule?: Navigating the Alphabet Soup of COVID-19 Product Requirements

Recalls in Review: Electric- and Gas-Powered Scooters

NHTSA versus CPSC Jurisdiction Over Certain Micromobility Products

Surge of Retail Bankruptcies Coincides With the Anniversary of ‘Tempnology’

California Attorney General Begins Enforcement of CCPA Even Ahead of Regulations’ Approval

Recalls in Review: Bicycle Helmets

California Approves Final CCPA Regulations

20 Miles Per Hour Divides NHTSA and CPSC Jurisdiction Over Micromobility Products

States and Major Environmental and Consumer Organizations Threaten to Sue the Department of Energy Over Alleged Delays in Issuing Energy Efficiency Standards

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