News & Analysis as of

Internet Retailers Sellers

Keating Muething & Klekamp PLL

New York Bans Sale of Certain Supplements to Minors

On October 25, 2023, New York Governor Kathy Hochul signed into law a bill (the “Act”) banning the sale of over-the-counter weight loss and muscle building supplements to children under the age of 18. This Act is the first...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Shumaker, Loop & Kendrick, LLP

Attention Online Retailers! The New INFORM Consumer Act is Now in Effect

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) took full effect. The INFORM Act aims to add more transparency to online transactions and to prevent...more

Kohrman Jackson & Krantz LLP

Amazon Prime’s Ongoing Battle Against Fake Reviews

E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more

Winthrop & Weinstine, P.A.

INFORM Consumers Act Requirements

Retailers, manufacturers, and online marketplaces – are you ready to INFORM your customers?  On June 27, 2023, online marketplaces and “high-volume third party sellers” must comply with the new federal statute – the...more

Fenwick & West LLP

New E-Commerce Marketplace Regulations: Online Marketplaces Must Comply with The INFORM Consumers Act by June 27, 2023

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In an effort to “combat the online sale of stolen, counterfeit, and dangerous consumer products,” Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM...more

Dickinson Wright

A Seller’s Guide to Navigating Intellectual Property Law on Amazon

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A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more

Davis Wright Tremaine LLP

New Law Requires Greater Transparency for Online Consumer Marketplaces

On December 29, 2022, President Biden signed into law the INFORM Consumers Act ("the Act") as Title III of the Consolidated Appropriations Act, 2023, which provides federal appropriations for the remainder of the 2023 fiscal...more

K&L Gates LLP

Transparency Is The Best Policy: The INFORM Consumers Act Offers Verified Unauthorized Third-Party Seller Information

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Anonymous unauthorized third-party sellers are a nagging problem for most brands. While certain online marketplaces have adopted initial measures to create transparency, such as requiring third-party sellers to list business...more

White & Case LLP

New Technologies in the Consumer & Retail Industry – Key Legal Issues and Risks

White & Case LLP on

The consumer and retail industry has experienced a rapid growth in the use of new technologies, as both online businesses and brick-and-mortar sellers converge into multi-channel players and compete for customers and for...more

Gibney Anthony & Flaherty, LLP

Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online...more

Tarter Krinsky & Drogin LLP

Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage

On the latest Law Brief® episode, Host Rich Schoenstein is joined by Intellectual Property Partner Mark Rosenberg to talk about secondary sales of products on the internet, including the Amazon Marketplace. Mark explains how...more

Gibney Anthony & Flaherty, LLP

INFORM Consumers Act Introduced to Target Online Counterfeiters

The INFORM (Integrity, Notification, and Fairness in Online Retail Marketplaces) Consumers Act was introduced on the Senate floor on March 23, 2021. This bill would require greater accountability and transparency from the...more

McDermott Will & Emery

Navigating the New Post-Brexit VAT Rules for Non-UK E-Commerce Sellers and Online Marketplace Operators

At the end of the Brexit transition period, new UK VAT rules entered into force which from 1 January 2021 will have UK VAT consequences for overseas e-commerce sellers and online marketplaces that sell imported low-value...more

Butler Weihmuller Katz Craig LLP

Amazon: Primed for Trouble?

Amazon recently suffered a loss when a California appellate court found that Amazon could be held strictly liable for defective products sold by third parties through Amazon’s website.  Amazon has for many years argued it is...more

Butler Weihmuller Katz Craig LLP

Is Amazon a Seller? An Issue Primed for State Courts

The tide is turning as another federal court declares that Amazon is responsible for third-party products purchased on its website. On January 7, 2020, the Southern District of Texas in McMillian v. Amazon.com, 433 F.Supp.3d...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Online Retailers May Be Liable for Defective Third-Party Products Under Pennsylvania Product Liability Laws

The Third Circuit Court of Appeals has held that online retailers such as Amazon could be held liable for allegedly defective third-party products sold through its website. In a 2-1 panel decision in Oberdorf v. Amazon.com,...more

Harris Beach PLLC

"Sellers" Beware: Online Marketplaces Could See Increased Liability for Allegedly Defective Products

Harris Beach PLLC on

The U.S. Court of Appeals for the Third Circuit recently issued a decision that could change the liability landscape for online marketplaces such as Amazon....more

Burr & Forman

South Carolina Department of Revenue Issues Final Guidance for Remote Sellers

Burr & Forman on

The Policy Division of the South Carolina Department of Revenue has issued a final revenue ruling, SC Revenue Ruling #18-14, addressing retailers without a physical presence in South Carolina. The ruling comes on the heels of...more

Burr & Forman

South Carolina Publishes Remote Seller Sales Tax Guidance

Burr & Forman on

The Policy Division of the South Carolina Department of Revenue has issued a draft revenue ruling addressing retailers without a physical presence in South Carolina. Comments on the draft ruling are due by August 27, 2018,...more

Pillsbury Winthrop Shaw Pittman LLP

Ohio Supreme Court Finds Quill Does Not Apply to the Commercial Activity Tax

The Ohio Supreme Court has ruled that the Ohio Commercial Activity Tax is a business privilege tax and that the physical presence requirement articulated by the U.S. Supreme Court in Quill does not limit Ohio’s ability to...more

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