AD Nauseam: Negative Options – From Wine, to Cookies, to Gyms – Everything You Need to Know
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more
Recently, the Consumer Protection and Fair-Trade Authority issued a position paper regarding the disclosure obligations businesses must meet when making changes to product characteristics or components. According to the...more
Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more
On August 14, 2024, the Federal Trade Commission (“FTC”) published its long-anticipated Final Rule on the Use of Consumer Reviews and Testimonials (“Final Rule”), marking a significant development in the regulation of online...more
Our Environment, Land Use & Natural Resources Group explains the Environmental Protection Agency’s proposed Toxic Substances Control Act rule that aims to address the risks the agency believes are posed by 1-bromopropane...more
The European Union Batteries Regulation 2023/1542 started applying in August 2024 and represents a major change for anyone who manufactures, imports, or sells stand-alone batteries, or products containing batteries....more
Consumer products regulated by the U.S. Consumer Product Safety Commission (CPSC) may soon be denied entry into the United States unless the importer of record electronically files a detailed product certification with the...more
The Federal Trade Commission (FTC) has published a long anticipated Final Rule that prohibits certain practices that the FTC deems misleading or deceptive when it comes to consumer reviews and testimonials. As we anticipated...more
Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more
Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. ...more
Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more
Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more
The Federal Trade Commission (FTC or Commission) has issued a final rule prohibiting fake consumer reviews and testimonials. The rule also permits the FTC to seek civil penalties against violators who knowingly violate the...more
The Federal Trade Commission (FTC) on Aug. 14, 2024, finalized a sweeping new rule (Rule) aimed at combating deceptive practices in online reviews and testimonials. The Rule, which received unanimous support from the FTC's...more
The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465). ...more
What You Need To Know In A Minute Or Less - Microplastics, as a seemingly ubiquitous contaminant, have increasingly become the subject of online exposés and class action challenges. The Environmental Protection Agency (EPA)...more
On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust...more
Readers with a keen memory of their law school torts class (or bar-exam review course) may have a recollection of rules applicable to personal injury claims arising from foreign or unexpected substances in food. Depending on...more
In the absence of comprehensive federal regulation of PFAS in cookware, states are enacting and proposing their own laws. Thus far, eight (8) states have enacted laws addressing PFAS substances in cookware and bakeware...more
In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more
On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more
The ESPR aims to make sustainable products the norm in the EU, replacing the current Ecodesign Directive and introducing broader measures for sustainability....more