Yesterday, the U.S. Senate confirmed Doug Dziak by a voice vote to serve as a commissioner of the Consumer Product Safety Commission (“CPSC”). Mr. Dziak will be the second Republican to serve on the Commission presently joining his former boss Commissioner Peter Feldman. Notably, the Commission will once again have a full complement of five commissioners—Hoehn-Saric, Trumka, Boyle, Feldman, and Dziak. However, Commissioner Dziak’s ascendancy to the Commission will not change the balance of power as the Democratic commissioners will hold their 3-2 voting majority over the Republican commissioners.

Continue Reading Senate Confirms Dziak to CPSC; Agency Back to Five Commissioners

Europe’s biggest online fashion retailer, Zalando, recently agreed to dramatically and rapidly overhaul its sustainability marketing in the face of pressure by the European Commission. This is yet another example of why companies need to be extremely careful when making environmental claims in their advertising. Such claims are facing increasing regulatory scrutiny and activist litigation in the European Union, the United Kingdom, the United States and elsewhere around the globe.

Continue Reading Scrutiny of Green Claims is in Fashion: Zalando Forced to Overhaul Sustainability Claims

The FTC was active in privacy and security related matters this week. The agency submitted a letter to the House Judiciary Committee related to a social media platform’s data sharing practices with third-parties. It also announced a multi-million dollar settlement with a software company over its data collection and selling practices. Additionally, this week’s updates include the FTC filing an administrative complaint against a major tax preparation company for its advertising and marketing tactics. All this, and more, after the jump.

Continue Reading FTC Updates (February 19-23, 2024)

For years, cosmetics and other personal care companies have faced calls for “cleaner” products and more transparent labeling. And every day, new ingredients get added to the “naughty” list. Recently, per- and polyfluoroalkul substances  (PFAS)—a group of manmade chemicals used primarily for their conditioning properties—have come under fire. Even as research indicating the dangers of PFAS is limited, the widespread use of PFAS has led to state restrictions on use in personal care products, and proposed legislation that would ban PFAS in cosmetics on a federal level.

Continue Reading PFAS Litigation: Another Headache for the Beauty Industry

In vitro fertilization (IVF) is one of the most common types of fertility treatment, but the process is also extremely sensitive, invasive, and expensive. All of these factors come into play in a series of recent lawsuits following CooperSurgical’s December 5, 2023 recall of three lots of its embryo culture media—a substance that allows for the development of fertilized embryos. According to the company’s announcement, CooperSurgical had received a high number of customer complaints indicating that its embryo culture media caused impaired embryo development.

Continue Reading Recall Litigation Report: CooperSurgical Faces Multiple Lawsuits Following Recall of IVF Embryo Culture Media

The FTC celebrates the Valentine’s Day holiday this week by providing warnings to consumers about online romance scams.  Additionally, this week’s updates include the FTC’s warnings to artificial intelligence companies regarding clauses in terms of services, a new tool to combat impersonation scams, and a judgment providing monetary relief for small businesses harmed by cash advance companies. All this, and more, after the jump.

Continue Reading FTC Updates (February 12-16, 2024)

The FTC continued its focus on consumer protection matters this week, announcing both finalized orders and consumer refunds in enforcement actions ranging from student debt relief to telemarketing. This, and more, after the jump.

Continue Reading FTC Updates (February 5 – February 9, 2024)

Greetings from Orlando, FL! The Crowell product safety team is currently attending the annual meeting and training symposium of the International Consumer Product Health and Safety Organization (ICPHSO). We just heard keynote remarks from the Chair of the U.S. Consumer Product Safety Commission (CPSC), Alexander Hoehn-Saric, and wish to share some highlights. As he did in October 2023 at the ICPHSO International Conference in Sweden, Chair Hoehn-Saric focused his remarks on addressing products sold on or through online marketplaces.

Chair Hoehn-Saric first set the stage by sharing some important data points. In 2023, the CPSC announced more than 300 product recalls; levied more than $52 million in civil penalties; engaged in 14 new mandatory safety standard rulemakings; screened more than 60,000 harmful products at the ports; and participated in numerous safety education campaigns. He also noted the budget uncertainty at the CPSC and the need to “do more with less” and stated that the CPSC will always “put consumers first” as they prioritize their work should the CPSC budget decrease.

Continue Reading CPSC Chair Hoehn-Saric Addresses Annual Product Safety Conference  

The FTC this week has primarily focused on consumer protection, announcing successful efforts against companies who failed to protect consumers from illegal telemarketing calls and hackers. The agency’s efforts build on a series of actions focusing on consumer privacy and security, which are all the more important as, in the agency’s words, “businesses face fresh incentives to hoard data to train AI models.” These stories and more after the jump.

Continue Reading FTC Updates (January 29 – February 2, 2024)

On January 31, 2024, EPA Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and corrective action authority under the Resource Conservation and Recovery Act (RCRA). These rulemakings follow from a 2021 announcement covered in a prior Crowell client alert, adding to the growing number of pending PFAS-related proposals submitted by EPA.

Continue Reading EPA Continues to Push Toward Regulation of PFAS By Proposing Two More New Rules Under RCRA