Consumer Protection Conflict of Laws

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Supreme Court Rejects FERC’s Preemption Argument and Permits State Antitrust Claims Against Interstate Pipelines to Proceed

On April 21, the U.S. Supreme Court issued an opinion in ONEOK, Inc., et al., v. Learjet, Inc. et al holding that state antitrust claims are not pre-empted by the Natural Gas Act. This important decision put the brakes on an...more

New Federal Bill Would Preempt State Data Security Breach Notification Laws

Rep. Marsha Blackburn (R-Tenn) recently introduced H.R. 1770, legislation intended to establish a framework of national data security breach laws, to the House Energy and Commerce Committee. The bill, called the Data Security...more

FCRA Preemption: Is Guidance on the Way from the 11th Circuit?

FCRA preemption of state law claims against furnishers of credit information is anything but a settled legal issue. For better or worse, guidance may be on the way soon from the Eleventh Circuit. This is a subject that cannot...more

First Circuit Decision Strengthens Preemption Defense in Name-Brand Pharmaceutical Litigation

On February 20, 2015, the U.S. Court of Appeals for the First Circuit affirmed the dismissal of plaintiffs’ state-law consumer protection claims against a name-brand pharmaceutical manufacturer, concluding they were impliedly...more

First Steps Taken to Establish Federal Law Requiring Companies to Secure Consumer Data; Will Congress Pass Something This Year?

The U.S. House Energy & Commerce Committee took the first steps recently to establish a federal law that would cover actions that companies need to take to secure consumer data. ...more

Data Security and Breach Notification Act of 2015 Making its Way through Congress

On March 25, 2015, a Congressional Subcommittee approved a draft of the “Data Security and Breach Notification Act of 2015,” a statute intended to create a national standard for data security and reporting data breaches. ...more

Court Finds that Class Action Plaintiffs’ False Advertising Claims are Stripped Bayer Based on Federal Preemption

In the recent case of Gallagher v. Bayer AG, Case No. 14-cv-04601-WHO (N.D. Cal. March 10, 2015), the plaintiffs asserted that the defendants Bayer AG and related entities (collectively, “Bayer”) engaged in false advertising...more

Magistrate Declines To Recommend Dismissal Of State Law Counterclaims

Fallon, M.J. Magistrate’s Report and Recommendation recommends denying plaintiff’s motion to dismiss state law counterclaims....more

Financial Industry Backs Cybersecurity, Data Breach Notification Legislation

Why it matters - The financial industry has thrown its support behind data breach notification legislation as well as passage of a law that would encourage businesses to share cyberthreat information. Data security...more

Plaintiff’s Mislabeling Claims Against Honest Tea Survive Motion to Dismiss

On January 5, 2015 Judge Kimberly Mueller of the Eastern District of California denied Honest Tea’s motion to dismiss a case involving accusations that the company misled consumers about the antioxidant content of one of its...more

Vape and Mirrors: The Legal Issues Concerning e-Cigarettes for Municipalities

In this Presentation: - Introduction - Overview - What are e-cigarettes? - Emerging Market - Food and Drug Administration - California Law - Other State Laws - Potential...more

Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more

Albany County, NY Enacts Stringent Children’s Product Safety Law

Do local governments, such as town councils and county legislatures, have a role in regulating consumer products that is typically reserved for the federal and state governments? Apparently, the legislature and executive of...more

Proposed Federal Breach Notification Law: Panacea Or Flash in the Pan?

The Obama Administration has just released the proposed text of the Personal Data Notification & Protection Act as the latest step in its uniform federal breach notification initiative. Similar legislative efforts in the past...more

Class Actions News - Deborah Renner on Dart Cherokee Basin v. Owens [Video]

On December 15th 2014, the Supreme Court of the United States decided upon Dart Cherokee Basin Operating Co. v. Owens, which lowers the removal standard of class action lawsuits to federal court. This decision established...more

Vermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill

As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed...more

True Lender Issues Cloud the Future of Marketplace Lending

The relationship between certain peer-to-peer or marketplace lending platforms and the banks who actually make the loans to consumers leads to the often-debated question of “Who is the true lender?” Recent court decisions...more

Consumer Products Companies Should Take Care to Comply with California “Made in USA” Labeling Law

New cases are being brought by plaintiff attorneys under the California “Made in USA” labeling law, which prohibits use of that claim or similar language if the "merchandise or any article, unit, or part thereof" was made...more

November Elections Impact the Food & Beverage Industry (Part 1)

Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no;...more

HIPAA Isn’t the Only Standard for Confidentiality

Nobody knows better than hospitals how difficult, complicated and expensive it is to comply with the confidentiality requirements of HIPAA (for Health Insurance Portability & Accountability Act). And hospitals and their...more

Second Circuit Issues Decision in Payday-Loan Regulatory Case

In a clash of competing sovereigns’ interests, the Second Circuit recently upheld, for now, the authority of the New York Department of Financial Services (DFS) to regulate online payday loans made by Indian tribal lenders to...more

Frequent-Flyer Class Actions Likely To Be Less Frequent

Airlines offer frequent-flyer programs to reward loyal customers and attract new ones by awarding various perks based on the “miles” each member accumulates. In practice, however, frequent-flyer programs too often attract...more

Ninth Circuit: AG’s Suit Challenging Add-On Products Stays in State Court

Lawsuits filed by the Hawaii Attorney General alleging that card issuers deceptively advertised add-on products belong in state court – and are not preempted by the National Bank Act (NBA), the Ninth U.S. Circuit Court of...more

Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out...more

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

In POM Wonderful LLC v. Coca-Cola Co., decided last month, the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal...more

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