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“Click to Cancel”

How hard is it to just cancel? If you have found yourself pondering this question in a heat of frustration after seeing unexpected charges on your card following your latest subscription service or free trial period, you’re...more

Made in USA – Words With Consequences

While it may seem obvious that a product not made in USA, cannot claim to be made in the USA, sometimes that simple notion gets lost in translation or forgotten as business gets booming. This month, the Federal Trade...more

Cheese please – the REAL kind!

Advertisers took home a win on one of the latest consumer class actions to make you scratch you head and ask “REALly?” On August 4, the U.S. District Court for the Northern District of Illinois dismissed a putative class...more

The Danger of Dark Patterns

On November 3, the Federal Trade Commission (FTC) filed a Complaint and Stipulated Order in federal court against an internet phone service provider to stop it from imposing junk fees and making it difficult for users to...more

Misleading Statements, Including ESG Pronouncements, Land One of the World’s Largest Iron Ore Producers in Hot Water with the SEC

Seyfarth Synopsis: Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the Securities and Exchange Commission (“SEC”) sued a publicly traded Brazilian company....more

In the Wake of the Pandora’s Box Opened by the Supreme Court’s Cyan Decision, Court to Address Discovery Stay Question in State...

On July 2, 2021, the US Supreme Court granted the Petition for a Writ of Certiorari filed in Pivotal Software, to address one of the many questions stemming from the Court’s decision in Cyan, which permitted state courts to...more

Rule 10b5-1: Fix the Cracks But Save the Baby

On June 7, 2021, U.S. Securities and Exchange Commission Chair Gary Gensler announced at the CFO Network Summit that he has asked his staff to make recommendations for the Commission’s consideration on how it might “freshen...more

First Lawsuit Under the Newly Minted COVID-19 Consumer Protection Act

On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission (“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and...more

Operation CBDeceit Marks Beginning of FTC Crackdown on Deceptive CBD Medical Claims While FDA Continues to Issue Warning Letters

On Thursday, December 17th, the Federal Trade Commission (FTC) announced that it was taking action against six companies selling CBD-based products. These companies faced administrative actions by the FTC for “making a wide...more

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...more

COVID-19’s Potential Effect on Lender Liability

COVID-19 has not only created red tape for us—sheltering-in-place, staying six feet away from others, wearing masks in public—but it also has created new red tape for lenders. Each day new federal and state legislation, as...more

Consumer Fraud Increases in the Wake of COVID-19 and Enforcement Activities Quickly Follow

Last week, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) ramped up their enforcement letters since they first issued COVID-19 related warning letters a month ago. ...more

New York Proposes Bill to Expand Business Interruption Coverage for COVID-19 Losses

New York is the latest state to propose legislation intended to expand business interruption insurance coverage.  Introduced by Assembly Member Robert C. Carroll and co-sponsored by eight fellow legislators, A10226 (the...more

More States Seek to Expand Business Interruption Coverage to Include COVID-19-Related Losses

This week, legislators in Ohio and Massachusetts introduced bills to expand retroactively commercial property insurance policies to include business losses suffered from COVID-19....more

False Advertising: Changing Your Business To Meet Market Needs During The COVID-19 Pandemic

From severe shortages in medical masks and ventilation equipment worldwide to the curious “toilet paper desert” in America,  COVID-19 is creating temporary and long-term disruptions in the availability of both highly...more

FTC Seeks Public Comment On Enhanced Efforts To Curb Misleading Endorsements

The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more

Boss Moves in Makeup: A Look at the Future of Cosmetics

Seyfarth hosted its first “Future of Cosmetics and Personal Care Products" event in its New York office on November 12, 2019. The event brought together industry leaders and Seyfarth attorneys for a timely conversation on the...more

Influencer Disclosure Update 101, Courtesy of the FTC

Synopsis: FTC publishes a quick-resource guide for influencers to encourage advertising compliance on social media. ...more

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more

FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD

Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA...more

Cosmetics, Hemp, and CBD: Legislative and Regulatory Update

Seyfarth Synopsis: Through a reintroduced House bill, Congress is taking strides to push for cosmetic regulation reform and, separately, through the SAFE Act, it is seeking to establish a safe harbor for financial...more

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