News & Analysis as of

Consumer Protection Administrative Agency

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

FDA and FTC Solicit Consumer Complaints About Dietary Supplement Marketing

by Pepper Hamilton LLP on

The Food and Drug Administration and the Federal Trade Commission have jointly requested that consumers report dietary supplements that “didn’t work as promised” or that are marketed with “unbelievable” claims. Consumers may...more

Why David Silberman, the CFPB’s Acting Deputy Director, will not succeed Richard Cordray (if and when he resigns)

by Ballard Spahr LLP on

On July 31, I published a blog post in which I suggested that, if Director Cordray resigns, Treasury Secretary Mnuchin would be the obvious and logical person to serve as CFPB Acting Director until President Trump nominates,...more

FTC Competition Director Highlights Enforcement Priorities in the Pharmaceutical Industry

Last week Markus Meier, the Acting Director of the Bureau of Competition at the Federal Trade Commission, gave testimony to the House Judiciary Committee concerning “Antitrust Concerns and the FDA Approval Process.” ...more

Tropical Storm Emily State Of Emergency Presents New Opportunity For Extension Of Development Approvals, But Time Is Running Out...

by Akerman LLP on

On July 31, 2017, Governor Scott issued Executive Order 17-204, declaring a 60-day state of emergency in 31 counties for Tropical Storm Emily and thereby providing a new opportunity for extension of certain development...more

California’s Prop 65: More Form Over Substance

California’s Safe Drinking Water & Toxic Enforcement Act of 1986 (affectionately known as “Proposition 65”) has long been the subject of discussion, both pro and con. Much of the conversation is on various issues surrounding...more

Can President Trump appoint an Acting Director upon Director Cordray’s departure?

by Ballard Spahr LLP on

Given the speculation that Director Cordray will soon resign to run for Ohio governor, we have been pondering whether President Trump could appoint an Acting Director upon his resignation or whether David Silberman, the...more

FDIC adopts revised guidelines for appeals of material supervisory determinations

by Ballard Spahr LLP on

Effective July 18, 2017, the FDIC has adopted amendments to its Guidelines for Appeals of Material Supervisory Determinations.  The FDIC proposed the amendments last August and received only two comment letters, one from a...more

Lucia appeals D.C. Circuit ruling to Supreme Court

by Ballard Spahr LLP on

On July 21, 2017, an investment adviser sought review by the Supreme Court of the D.C. Circuit’s recent ruling in Lucia that allowed to stand a district court decision holding that SEC administrative law judges (“ALJs”) are...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

Connecticut Will Make You Disclose Personal Customer Data!

by McDermott Will & Emery on

The Connecticut Department of Revenue Services (DRS) recently issued demand letters to many remote sellers requiring that they either: (a) provide electronic sales records for all individual sales shipped to a Connecticut...more

What the D.C. Circuit decision vacating stay of EPA rule could mean for final CFPB arbitration and payday loan rules

by Ballard Spahr LLP on

I recently blogged about the rumor I heard from a reliable source that the CFPB will issue a final arbitration rule by the end of July. That rumor appears to be gaining traction, with a major industry trade group telling its...more

Food and Beverage News and Trends - June 2017

by DLA Piper on

Nonprofits sue FDA over delay in menu-labeling rule. On June 7, the Center for Science in the Public Interest and the National Consumers League filed suit in the US District Court for the District of Columbia against the...more

Financial Services Weekly News - June 2017 #3

by Goodwin on

Editor's Note - In This Issue. President Trump announced his intended nominee for Chairman of the Federal Deposit Insurance Corporation (FDIC), the Consumer Financial Protection Bureau (CFPB) proposed updates to its...more

A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency...more

President Trump expected to nominate Joseph Otting to head OCC

by Ballard Spahr LLP on

The American Bankers Association and numerous media sources, including Politico and American Banker, have reported that the White House has announced that President Trump will nominate Joseph Otting to serve as Comptroller of...more

Lawsuit Challenges GRAS Rule on Food Substance Safety

by Morgan Lewis on

Public interest groups challenge FDA’s “Generally Recognized as Safe” Rule as failing to ensure food ingredients are safe for consumers....more

Fleeting Glimpse of RESPA Issues in PHH Argument as Court Focuses on Bureau Constitutionality

by Foley & Lardner LLP on

Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the president’s authority is...more

The Battle Over the CFPB Continues

The battle over the future of the Consumer Financial Protection Bureau (CFPB) rages on, with Republicans trying a host of measures to challenge and contain the agency....more

Proposed BROWSER Act Would Require ISPs and Edge Service Providers to Give Users Opt-in and Opt-out Rights for the Use and...

by WilmerHale on

On May 18, 2017, Martha Blackburn (R-TN), Chairman of the House Committee on Energy and Commerce’s Subcommittee on Communications and Technology, introduced H.R. 2520, the Balancing the Rights of Web Surfers Equality and...more

What You Need to Know from the CFPB Spring 2017 Supervisory Highlights

by Baker Donelson on

The Consumer Financial Protection Bureau (CFPB) released its Spring 2017 Supervisory Highlights last month. This is the 15th volume to be released and each volume is a great resource to obtain line-of-sight into what the CFPB...more

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Trump’s FY 2018 Budget Subjects CFPB to Congressional Appropriations Process

by Ballard Spahr LLP on

Tuesday, President Trump released an outline of his FY 2018 Budget entitled “A New Foundation for American Greatness”. There is good news and bad news for the CFPB, although most of it is bad news. The good news for the...more

New York City food retailers subject to early enforcement of calorie labeling rules

by DLA Piper on

Despite the recently delayed implementation of the federal menu labeling requirements announced by the FDA on May 4, 2017, New York City Mayor Bill de Blasio issued a press release on May 18, 2017, announcing that all New...more

Food, Dietary Supplement & Cosmetics Regulatory Update Vol. IV | Issue 4

by Jones Day on

On May 9, 2017, the Senate confirmed Dr. Scott Gottlieb as the next FDA commissioner. With a 57-42 vote, the Senate filled the commissioner position most recently held by Dr. Robert Califf, who resigned in January 2017 and...more

FDA Postpones Menu Labeling Rule Again

by Jones Day on

On May 1, 2017, FDA announced it was extending the compliance date for the menu labeling final rule from May 5, 2017, to May 7, 2018. The rule requires calorie information to be listed on menus and menu boards of restaurants...more

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