Seyfarth Synopsis: FTC publishes proposed consent order with cosmetic company that posted fake customer reviews but some FTC commissioners place doubt on its effectiveness because there is no financial penalty....more
10/25/2019
/ Antitrust Provisions ,
Comment Period ,
Consent Order ,
Consumer Review Fairness Act (CRFA) ,
Cosmetics ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Fraud ,
Misrepresentation ,
Online Reviews ,
Public Records ,
Regulatory Standards ,
Regulatory Violations ,
Settlement ,
Settlement Negotiations
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to...more
9/17/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Misleading Impressions ,
Plant Based Products ,
Retail Market ,
Unfair or Deceptive Trade Practices ,
Warning Letters
Following last year’s passage of the 2018 Farm Bill, the National Credit Union Administration (NCUA) issued a regulatory update in August of 2019 to federally insured credit unions. Citing growth in hemp-related commerce,...more
9/11/2019
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BSA/AML ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Services Industry ,
Hemp ,
Lending ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NCUA ,
Regulatory Requirements
Seyfarth Synopsis: CBD is “thriving” in the current regulatory environment, but is it doing so illegally?
As former U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week, “the CBD craze is...more
8/8/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Farm Bill ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Pending Legislation ,
Personal Care Products ,
Plant Based Products ,
Policy Statement ,
Product Labels ,
Regulatory Agenda ,
Regulatory Oversight ,
Working Groups
As 2019 is underway and the government is back up and running (at least for now), we have summarized for you key developments from 2018 and projections for 2019 on issues that we have been monitoring closely in the cosmetics...more
2/6/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Class Action ,
Consumer Review Fairness Act (CRFA) ,
Cosmetics ,
Farm Bill ,
Food and Drug Administration (FDA) ,
FTC Endorsement Guidelines ,
Hemp ,
Influencers ,
Legislative Agendas ,
Marijuana-Infused Edibles ,
Natural Products ,
Organic ,
Patent Infringement ,
Personal Care Products ,
Popular ,
Product Labels ,
Regulatory Oversight ,
Regulatory Reform ,
Social Media
Seyfarth Synopsis: Rep. Schakowsky (D-Ill.) proposes latest cosmetics reform bill to enhance the FDA’s oversight of cosmetic products and ensure cosmetics are free of known toxins and contaminants....more
10/18/2018
/ Cosmetics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Legislative Agendas ,
Manufacturers ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Proposed Legislation ,
Retail Market ,
Toxic Chemicals ,
Toxic Exposure
On June 25, 2018, the Food and Drug Administration (“FDA”) approved Epidiolex (cannabidiol), the first marijuana derived drug for use in the United States, to treat two rare forms of epilepsy....more
Seyfarth Synopsis: What brings a celebrity to the Hill? A look at the current state of cosmetics regulations and potential effects of the Personal Care Products Safety Act that has gained famous support.
...more
Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more
2/7/2018
/ Administrative Agencies ,
Administrative Appointments ,
Article III ,
Banking Sector ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Independent Directors ,
PHH Corp. v CFPB ,
Popular ,
Presidential Appointments ,
Removal For-Cause ,
Standing ,
Trump Administration
Seyfarth Synopsis: A federal judge on Wednesday denied a request to remove Mick Mulvaney as the CFPB’s acting director, finding that the President has authority to appoint the acting director despite former CFPB Director...more
1/17/2018
/ Administrative Agencies ,
Administrative Appointments ,
Appeals ,
Banking Sector ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Federal Vacancies Reform Act ,
Notice of Appeal ,
Preliminary Injunctions ,
Presidential Appointments ,
Trump Administration
Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses.
...more
1/11/2018
/ Constitutional Challenges ,
Credit Card Surcharges ,
Credit Cards ,
Debit and Credit Card Transactions ,
Due Process ,
Financial Services Industry ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Injunctive Relief ,
Merchants ,
Retail Market ,
Retailers ,
Truth in Lending Act (TILA)