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Don’t Give Me Five: Chanel Fails to Prevent Registration of Simb DOO’s ‘5’ Mark

Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union. Chanel argued that the marks were too similar and would cause confusion among cosmetic consumers....more

Manufacturer Beware: FTC (Again) Defends Consumers’ Right to Repair

The FTC’s Warning Letters - Earlier this month, the Federal Trade Commission (FTC) sent eight companies warning letters regarding their warranty practices, alerting them that certain restrictive warranty language may violate...more

Virtual Tug-Of-War: The Importance of Clarifying Ownership of Branded Social Media Accounts

Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these...more

PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages. PFAS, commonly referred to as “forever...more

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

Energy Labeling Rule Update: FTC Extends Comment Period

The Federal Trade Commission (FTC) has published a notice of proposed rulemaking seeking public comments on potential improvements to the Energy Labeling Rule. The Energy Labeling Rule, designed to aid consumers in...more

FTC Proposes Rule to Ban Hidden and Falsely Advertised Fees

The Federal Trade Commission (FTC) has proposed a new rule aimed at eliminating certain "hidden" and "junk" fee practices. The FTC said that these fees, which may be undisclosed until late in the transaction process, are...more

Hospitality: 2023 Year in Review

As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more

California “Junk Fee” Legislation Headed to Governor’s Desk

California state legislators have joined the arena in the fight relating to advertised rates in the hotel industry and beyond. If the recent legislation is signed by Governor Gavin Newsom, the law will have significant...more

Even More Hotel Fee Litigation: Latest Class Action Keeps Fees at the Forefront

On August 18, 2023, Travelers United, a traveler advocacy organization, filed a class-action lawsuit against Hyatt Hotels Corporation and its affiliates, accusing Hyatt of falsely advertising hotel room rates and cheating...more

Green and Bear it: Class Action Alleges "Greenwashing" By Fast Fashion Company

On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more

California Signs New Plastics Law

After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. ...more

Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping

The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more

$750K Wake Up Call: FTC Fines Mattress Manufacturer Over False Made in USA Claims

Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more

On Notice: FTC Threatens Significant Fines Against Advertisers Who Violate Endorsement and Testimonial Guidance

The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more

Diet and Wellness Giant Fails To Cancel California Autorenewal Class Action

A federal district court recently found that a large diet and wellness company likely violated California’s Automatic Renewal Law by failing to send consumers confirmation emails that included specific instructions about how...more

Robinhood Checked but Not Wrecked: False Association Suit by Rapper Ice Cube Dismissed

Rapper and actor Ice Cube sued the online trading platform Robinhood alleging false association, misappropriation of publicity rights, and unfair competition based on Robinhood’s use of Ice Cube’s image and a paraphrased...more

Glue Manufacturing Company Caught in a Sticky Situation: $1.2M Fine for False “Made in USA” Product Labels

The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more

Congress Establishes New Copyright Board to Resolve Small Claims and DMCA Disputes

Major changes to copyright law were shepherded in through the Consolidated Appropriations Act, the highly publicized pandemic relief bill passed on December 27, 2020. Amongst these changes was the enactment of the...more

The Worst Part of Waking Up is Getting Sued: Class Action Filed Against Folgers Coffee Co., Alleging False Advertising and...

Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee. After doing the math, a consumer...more

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

Class Action Targeting ‘Recyclable’ Claims Used in Connection With Single-Serve Coffee Pods Moves Forward

In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing,...more

Growing Global Movement to Restrict Single-Use Plastic Bags

According to the United Nations, 127 countries have passed regulations on single-use plastic bags in an effort to incentivize consumers to use reusable bags when shopping. The scope of these regulations varies from country...more

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