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California Passes Two Climate Disclosure Laws That Will Require Unique, Public Reporting of Carbon Emissions and Climate Risk

California's Legislature has passed two new climate disclosure bills, SB 253, the Climate Corporate Data Accountability Act (CCDAA), and SB 261, the Climate-Related Financial Risk Act (CRFRA), which together will require a...more

California Lawsuit Launches Massive Climate Change Lawsuit Against Major Oil Producers and Their Trade Association

On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their main trade association. The suit alleges generally that the defendants knew about the...more

Greenwashing? Try 'Greenhushing' – A Look at Recent Developments in Fashion Sustainability Claims

The fashion industry continues to be a target of activist plaintiffs who allege greenwashing, or in other words, false advertising regarding environmental and/or social aspects of clothing manufacturing and sales. While...more

Oral Phenylephrine — Cue the Lawsuits

On September 12, an FDA Advisory Committee unanimously recommended that oral phenylephrine, the active ingredient in numerous popular over-the-counter (OTC) nasal decongestant products, was not effective at its intended...more

Thoughts from the National Advertising Division (NAD) Annual Conference, 2023

The annual legal conference for the National Advertising Division of the Better Business Bureaus National Programs (NAD) took place over two days this week in Philadelphia. The conclave was well-attended by the advertising...more

9/22/2023  /  Advertising , NAD , NARB

ESG Guidepost | Issue 5

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

District Court Denies Nestle's Motion to Dismiss False Advertising Class Action Based on Alleged Child Labor in Cocoa Supply Chain

Late last week, the United States District Court for the Southern District of California denied a motion to dismiss a putative class action alleging that Nestle had falsely advertised, in part, that its cocoa as "sustainably"...more

7/20/2023  /  Advertising , Child Labor , Supply Chain

Privacy, Data and Cybersecurity Quick Clicks | Issue 7

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

"Aspirational" claims: an alternative to greenhushing?

Major media and consultants are noting the increasing trend towards corporate “greenhushing,” that is, adopting a “radio-silence approach to environmental goals.” For example, a survey late last year reported that one in four...more

7/17/2023  /  Advertising , False Advertising , NAD , NARB

Federal Trade Commission Updates Endorsement Guides and Proposes New Rule on Consumer Reviews

The Federal Trade Commission (FTC) has news for advertisers: for internet and social media disclosures to be effective, they must be “unavoidable.” On June 29, the FTC released final revised Endorsement Guides, the first...more

Financial Services and Markets Bill Receives Royal Assent

As a major post-Brexit milestone, HM Treasury (“HMT”) has announced that the Financial Services and Markets Bill received Royal Assent on 29 June 2023. For more information on the development of the Financial Services and...more

FTC Secures $18.5 million Settlement and Order In Another "Dark Patterns" Case

On the heels of its lawsuit against Amazon.com, the FTC filed a complaint yesterday against PCH, the marketer behind the venerable Publishers Clearinghouse organization. The complaint alleges that PCH used various deceptive...more

Want to Be a Hero to Your Company? ANA Report on Programmatic Ad Fraud and Digital Ad Waste Suggests How

Between sips of rose at the Cannes Lions Awards in France this week, the ANA revealed a blockbuster report that shames the programmatic advertising industry. It purports to show that of about $88 billion spent each year by...more

6/27/2023  /  Advertising , Fraud , Marketing

If Amazon's Online PRIME Cancellation Process Is Found to Be a Prohibited 'Dark Pattern,' Lots of Other Advertisers Should Be...

The FTC made news yesterday by filing suit against Amazon for allegedly "tricking" consumers into signing up for the company's Prime service and also for allegedly "sabotaging" consumers' efforts to cancel Prime. Prime is...more

ESG Guidepost | Issue 3

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Litigation Beginning to Challenge Carbon Offsets

Imagine an entity that is currently heavily dependent on fossil fuels pledging to become "net zero" by calendar year 2050. This is not unique, as numerous countries, municipalities and companies have made exactly this public...more

Secondary Boycotts Against Businesses Displaying Rainbow Flags

In recent weeks, there has been a groundswell of so-called group "boycott" activity aimed at businesses that have publicly expressed solidarity with historically marginalized and underrepresented groups. Prominent examples...more

6/12/2023  /  Boycotts , LGBTQ , Marketing

The AI Genie Is Not Going Back In the Bottle

The latest hysteria about AI comes in the form of a one-sentence letter signed by a large number of "Notable Personalities" and "AI Scientists" (the letter has a helpful checkbox interface that sorts the two groups for you)....more

What will the FTC do with recycling?

The FTC is in the process of updating its venerable Green Guides, which "govern" environmental marketing claims in the United States. A big part of the Guides are its sections on Recycling Claims, which deal with whether and...more

Will AI Be Regulated, and If So, How?

The doom and gloom prognosticators are predicting that AI will "impact" up to 80% of all jobs in the next ten years. However, that's likely not an outcome that regulators can stop. Indeed, other concerns are surfacing that...more

ESG Guidepost | Issue 2

President Biden's New Executive Order on Environmental Justice Broadly Expands Environmental Justice Requirements - The Biden Administration has issued Executive Order (EO) 14096: Revitalizing Our Nation's Commitment to...more

Dispelling 6 Myths About Artificial Intelligence

Most of the breathless hype you hear about artificial intelligence (AI) comes from those who have just used ChatGPT for the first time. ChaptGPT is a large language model developed by OpenAI that produces very plausible...more

President Biden's New Executive Order on Environmental Justice Broadly Expands Environmental Justice Requirements

The Biden Administration has issued Executive Order (EO) 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All, which markedly expands on the previous EO relating to environmental justice, issued by...more

An extraordinary order regarding Attorney Sheehan's consumer protection filings

Consumer protection class defense attorneys are well-acquainted with prolific class action filer, Spencer Sheehan of Sheehan & Associates. This month, Judge Seeger of the Northern District of Illinois issued an extraordinary...more

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