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The Consumer Product Safety Commission (CPSC) has been in the media this month following the reinstatement of the three democratic CPSC commissioners (i.e., Mary Boyle, Richard Trumka Jr., and Alexander Hoehn-Saric) by the U.S. District Court for the District of Maryland. As discussed below, the democratic CPSC commissioners have advanced their majority agenda while their status and reinstatement winds its way through the court system. CPSC action remains strong on recall execution and the agency is soliciting information on several topics including their August priorities hearing, rulemaking and reducing regulatory burdens. Recall announcements for this month include those for: infant sleep products and highchairs, electric blankets, battery-powered tools and small appliances, pool covers and other equipment, and more.

Continue Reading CPSC Regulatory Updates (June 2025)
Printing machine in a printing shop
Printing machine in a printing shop

More than 200 businesses across California have been served with Notices of Violation (NOVs) of California’s Proposition 65 (“Prop 65”) for issuing thermal receipts at the register and using thermal labels and stickers in their stores. The targeted businesses include large and small retailers, restaurants, banks, gas stations, and grocers. This sudden influx of NOVs comes after California recently added a new chemical—Bisphenol S, or BPS—to its official register of chemicals known to cause cancer or reproductive harm. Click here to read the full version of the alert.

US Federal Trade Commission FTC Washington DC
US Federal Trade Commission FTC in Washington DC. US Federal Trade Commission is a US Competition independent agency in Washington DC. The FTC handles antitrust and false advertising and other competion issues to protect consumers.

Merger consent orders have returned to the FTC, with the agency’s latest decision highlighting how the current leadership is evaluating divestiture proposals. The FTC has approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies. Click here to read the full version of the alert.

Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

Just like the D.C. weather, the FTC’s docket was hot this past week. The agency (1) shared updates on settlements requiring refunds to consumers in a number of recent actions; (2) announced the reopening of its “Epic” settlement claim process; and (3) announced several new settlements the agency has reached in both the competition and consumer protection spaces; in some of these, the Commissioners issued statements, allowing readers a glimpse into the minds of the enforcers and decision makers themselves. These stories and more after the jump.

Continue Reading FTC Updates (June 23 – 27, 2025)
Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

Scams are the theme of the week at the FTC. The agency entered into two proposed stipulations to settle allegations about deceptive schemes targeting consumers, and issued over $2 million in refunds in relation to an alleged scam dating back to the 2008 financial crisis. These stories and more after the jump.

Continue Reading FTC Updates (June 16 – 20, 2025)
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Crowell attorneys have closely monitored developments related to the California Invasion of Privacy Act (“CIPA”). In particular, we have watched plaintiffs attempt to extend this wiretapping law to encompass website chatbot communications that are managed by third parties.

The Ninth Circuit Court of Appeals recently addressed key CIPA issues in Thomas v. Papa John’s International, Inc., No. 24-3557. The decision reaffirms CIPA’s eavesdropping standard as well as the specific personal jurisdiction standard set out in its recent en banc decision, Briskin v. Shopify, Inc., 135 F.4th 739 (9th Cir. 2025).

Continue Reading Ninth Circuit Affirms that CIPA Only Applies to Third-Party Eavesdropping
Federal Trade Commission
The building of the Federal Trade Commission in downtown Washington DC.

The FTC is heading into summer with an active docket. The agency has been keeping its eye on enforcement, issuing warning letters to contact lens prescribers over potential violations of the agency’s Contact Lens and Eyeglass Rules. Over the next few weeks, it plans on hosting a workshop on healthcare advertising and listening sessions on prescription drug pricing and competition. These stories, and more, after the jump. 

Continue Reading FTC Updates (May 26 – June 16, 2025)

The U.S. Customs and Border Protection (“CBP”) issued its first ever Withhold Release Order (“WRO”) and Finding Modifications Guide (“Guide” or “the Guide”). The Guide serves as a roadmap for importers facing a possible WRO or Finding due to allegations of forced labor in the supply chain of their goods imported into the U.S. Guidance from CBP to modify WROs represents a key barometer for compliance programs for importers to institute preemptively, since importers are strictly liable for their supply chains. Click here to read the full version of the alert.

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Facade of courthouse with columns.

On June 16, 2025, the first-ever sentences were handed down in a criminal prosecution for failure to report under the Consumer Product Safety Act (CPSA). Judge Dale S. Fischer of the U.S. District Court for the Central District of California sentenced two former Gree USA, Inc. (Gree USA) executives to 38 and 40 months in prison, respectively, for conspiracy to defraud the U.S. Consumer Product Safety Commission (CPSC) and for failure to report information related to defective dehumidifiers under Section 15 of the CPSA.

Continue Reading Corporate Executives Are Sentenced in First-Ever Criminal Prosecution for Failure to Report Under the CPSA
Question marks digital interface isolated on blue background 3D rendering
Question marks digital interface isolated on blue background 3D rendering

In a recently published Law360 article, “Appellate Guidance Needed on California Chatbot Litigation,” Jason Stiehl, Jacob Canter, and Kari Ferver discuss how the California Invasion of Privacy Act (CIPA) is being levied in cases against website owners that allegedly help third parties spy on visitors via chatbots. Click here to read the full article.