News & Analysis as of

Consumer Protection Conflict of Laws Administrative Agency

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

Chemical Industry: Significant Changes to Toxic Substances Control Act (TSCA) Require Attention

by Shipman & Goodwin LLP on

On June 22, 2016, President Barack Obama signed into law, effective immediately, the first substantive amendments to the Toxic Substances Control Act (TSCA) since it was enacted forty years ago. The new public law, known as...more

Toxic Substances Control Act Overhauled Chemical Risk Regulation in the U.S. Joins the 21st Century

by King & Spalding on

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal...more

Food Litigation Newsletter - August 2015

by Perkins Coie on

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

Going The Distance To Limit Preemption

by Reed Smith on

Anybody who watched the Mayweather-Pacquiao fight knows that a long fight does not necessarily make for an exciting fight. Thirty-six minutes of “action” can actually contain very little action. The exceedingly long...more

Recent Ninth Circuit Decisions in False Advertising Consumer Class Action Cases May Prevent Preemption and Relegate the Primary...

In two recent decisions, Reid v. Johnson & Johnson, __ F.3d __, Case No. 12-56726 (9th Cir. March 13, 2015) and Astiana v. The Hain Celestial Group, Inc., __ F.3d __, Case No. 12-17596 (9th Cir. April 10, 2015), the Ninth...more

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

by Best Best & Krieger LLP on

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

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

POM Wonderful Decision: Companies Cannot Rely on FDCA for Protection from False Advertising Liability

by Latham & Watkins LLP on

The US Supreme Court allows private parties to bring Lanham Act claims challenging product labels that otherwise satisfy the Food, Drug, and Cosmetic Act. In a battle of the beverages, the Supreme Court recently...more

Supreme Court Decision POM Wonderful LLC v. Coca-Cola Co: What You Need to Know

Why It’s Important: Yesterday’s ruling indicates that the reach of the Lanham Act regarding false and misleading advertising extends beyond the FDCA labeling requirements in protecting companies from having their customers...more

ABA seeks broad CFPB preemption ruling

by Ballard Spahr LLP on

In August, the CFPB issued a notice seeking public comment on its plans to determine whether certain provisions of Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration...more

Summary of CFPB Notice of Intent for Gift Card Preemption Determinations

by Morrison & Foerster LLP on

On August 21, 2012, the Consumer Financial Protection Bureau (“CFPB”) published a notice of intent to make a preemption determination on whether provisions of abandoned property laws in Maine and Tennessee relating to gift...more

Chew on This: Consumer Fraud Claim on Snack Bars Preempted

by Dechert LLP on

The Seventh Circuit ruled earlier this month that federal food labeling law expressly preempts state law claims seeking certain additional health-related disclosures on chewy bars. Turek v. General Mills Inc., No. 10-3267...more

Bureau of Consumer Financial Protection Narrows Federal Preemption of Mortgage Lending Laws

by Miller & Martin PLLC on

Among the many changes made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) were changes to the Alternative Mortgage Transaction Parity Act (“AMTPA”). AMTPA, a federal law that has been in...more

UPWords- May 2011- Prepaid Discount Vouchers: The Not-So-Final Frontier

The biggest challenge for unclaimed property practitioners is determining how new forms of property fit into unclaimed property laws. Recent technological and entrepreneurial innovations continue to challenge historic...more

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