Antitrust & Trade Regulation Environmental

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Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

FCPA Compliance and Ethics Report-Episode 268-leadership lessons from Brexit [Video]

In this episode, Richard Lummis and I visit on the leadership failures and lessons to be learned from the Brexit vote and its aftermath. ...more

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

On June 21, 2016, the Federal Trade Commission (FTC) held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.” Beyond exploring a wide...more

VW ‘Dieselgate’ Settlement Benefit Consumers, Environment

News of “Dieselgate” broke in the Fall 2014, when vaunted vehicle-maker Volkswagen was accused of dodging federal emissions laws by rigging its automobiles so they would pass smog tests. The summer of 2015 saw the scandal...more

Will network charges encourage the installation of residential batteries?

It remains to be seen what impact batteries will have on the operation of Australia’s electricity networks. They may become an integral part of those networks, could be used as a substitute for those networks and may...more

North Carolina Rejects Third-Party Sales of Solar-Generated Electricity

The North Carolina Utilities Commission recently ruled that third-party sales of solar-generated electricity violate state law. The Commission rejected a test case brought by an advocacy group seeking to legitimize such...more

Product Regulations: What You Don't Know Can Hurt You - and Could Destroy Your Business

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC

The NAD recently referred certain green marketing claims made by LEI Electronics Inc. (LEI) regarding its Eco Alkalines batteries to the FTC after the company stated it would not comply with the NAD’s decision and...more

Advertising with Environmental Certifications and "Green" Seals of Approval

As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,...more

Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers

This week, the U.S. Federal Trade Commission (FTC) announced that it has sent warning letters to five marketers of environmental certifications and seals, as well as over 30 product companies displaying those certifications,...more

Competition and Regulation Update: Storage in the National Electricity Market - Is the Grid Moving In?

Electricity storage at or above household scale will likely become economic within the next few years, as the cost of batteries come down and generous feed in tariffs slowly expire. Australia could be one of the world's...more

Be Careful About What you Claim – Or Fail to Claim – FTC Sends Green Guides Warning Letters

Last week the Federal Trade Commission (FTC) sent warning letters to providers of environmental certification seals, and to businesses using those seals, alerting them to the Commission’s concerns that the seals “could be...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - July 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an update on the Department of Justice’s initiation of an antitrust investigation of alleged pricing and capacity collusion among the major U.S. airlines,...more

Claims about Biodegradable Plastics Breakdown Under FTC Scrutiny: Marketers Beware!

In the recent administrative proceeding before the Federal Trade Commission (FTC) against ECM Biofilms, Inc. (ECM), the FTC’s presiding chief administrative law judge (ALJ) ruled that the plastics additive manufacturer ECM...more

Focus on Regulatory Law - March 2015

REGULATORY AUTHORITIES - FRENCH COMPETITION AUTHORITY – TDF fined for anti-competitive practices: In a 2009 opinion issued at the request of the French regulator for electronic and postal communications (ARCEP)...more

Controversy over renewable energy claims

If an electric utility generates power from renewable resources and sells renewable energy certificates representing the renewable attributes of that energy, can it still call the underlying power "renewable"? No, according...more

Food Industry Outlook for 2015

For 2015, the food and beverage industry will experience governmental attention on a number of fronts. Given the Department of Justice’s recent success in prosecuting food manufacturing executives on criminal charges, the...more

FTC Fails to Prove Green Guides' Meaning of "Biodegradable"

In an Initial Decision announced February 6, 2015, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) held that ECM BioFilms, Inc. d/b/a Enviroplastics International (“ECM”) made false...more

FTC: Warning Letters to Manufacturers of Dog Waste Bags Suggest They May Be in Deep Doo-Doo

For the dog lovers of the world, this one is for you. The Federal Trade Commission (FTC) recently sent "warning letters" to 20 manufacturers and marketers of dog waste bags that dog owners, walkers, and conscientious others...more

Analysis: Vote is "Affirmative" in USITC's Final Determination of Injury to U.S. Solar Cell Industry from Imports of CSVP Solar...

By a vote held on January 21, 2015, the U.S. International Trade Commission (USITC) made an affirmative final determination of “material injury” to the U.S. solar cell manufacturing industry due to low-priced Crystalline...more

Trade & Manufacturing - January 2015

In This Issue: - Trade-Related Energy Issues at Forefront of Political Debate in 2015 - Customs and Border Protection Issues Update of Enforcement Activities Related to Trade Orders - News of...more

Department of Commerce Proposes New Solar Tariff on Chinese Panels

On January 2, 2015, the Department of Commerce (“DOC”) announced its preliminary decision regarding Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China (“Chinese...more

Department of Commerce Reaches Affirmative Determinations on Certain Crystalline Silicon Photovoltaic Products from China and...

On December 16, 2014, the Department of Commerce (“DOC”) reached affirmative final antidumping determinations relating to Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China (“China”) and...more

FTC Staff Comments on New York State Proposal to Transform Power Distribution

In April 2014, the New York Public Service Commission’s (NY PSC) Reforming the Energy Vision (REV) initiative “propose[d] a platform to transform New York’s electric industry . . . with the objective of creating market-based,...more

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