On December 20, 2022, the FTC originally noticed its solicitation for public comments regarding potential updates and changes to the Green Guides (Guides for the Use of Environmental Marketing Claims) on the Federal Register. While the original deadline to submit comments was February 21, 2023, the Federal Trade Commission (“FTC”) extended the public comment period to April 24, 2023.
Continue Reading Green Guides Update – Comments Closed, but the FTC Wanted to Hear More About Waste
The FTC’s past two weeks focused on privacy and cybersecurity as well as the Bureau of Consumer Protection successfully wrapping up multiple cases regarding various forms of unfair or deceptive acts or practices. The FTC launched its third action against Meta regarding user privacy issues. In addition, the FTC is seeking comments on a number of topics ranging from cloud computing to recycling. More on this, after the jump.
Continue Reading FTC Updates (May 1 – May 12, 2023)
While fashion lovers throughout the European Union will surely be familiar with the pattern, the General Court held that luxury fashion house Louis Vuitton failed to demonstrate that its trademark checkerboard ‘Damier Azur’ pattern, had acquired distinctiveness through use throughout the European Union.
Continue Reading If Louis Vuitton Cannot Prove Acquired Distinctiveness, Can You? Checking In After the Louis Vuitton ‘Damier Azur’ Case
On May 5, 2023, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it agreed to a civil penalty settlement with Generac Power Systems, Inc., (“Generac”) to resolve charges that Generac failed to report immediately to the CPSC under Section 15(b) of the Consumer Product Safety Act (“CPSA”). Specifically, the CPSC alleged that certain models of Generac’s portable generators contained a defect that could create a substantial product hazard and unreasonable risk of serious injury to consumers. This settlement includes a $15,800,000 civil penalty, and requirements that Generac (1) implement and maintain a compliance program and system of internal controls and procedures designed to ensure compliance with the CPSA; and (2) file annual reports with the agency for the next three years regarding the Company’s compliance program, internal controls and procedures, internal audits of the effectiveness of the new compliance program and internal controls.
Continue Reading CPSC and Company Reach Agreement on $15.8 Million Civil Penalty for Failure to Report
This week the FTC released updates related to the Negative Option Rule and the proposed Business and Government Impersonation Rule. The FTC, along with three other federal agencies, issued a joint statement describing their commitment to enforce their respective laws and regulations to promote responsible innovation in automated systems, such as artificial intelligence. The Agency also requested over $500 million from the House Appropriations Subcommittee on Financial Services and General Governmentfor FY 2024, which would enable it to fund over 300 additional full-time employees. In addition, the agency announced that it would be sending over 41,000 refund checks to consumers that fell victim to alleged dark pattern practices for dental products. These stories and more after the jump.
Continue Reading FTC Updates (April 24 – April 28, 2023)
The FTC has continued its steady progress on enforcement actions following the ABA Antitrust Spring Meeting. The agency is seeking to halt a hospital system merger based on alleged Hart-Scott-Rodino Act violations and is progressing on matters related to deceptive and misleading advertising. These stories and more after the jump.
Continue Reading FTC Updates (April 17 – April 21, 2023)
On March 30, 2023, the FDA authorized marketing of Happiest Baby’s SNOO Smart Sleeper, an over-the-counter infant sleep system intended to keep infants on their back throughout sleep. This marks the first time we are aware of that the FDA has given de novo marketing authorization to a product designed to keep sleeping babies positioned on their backs,[1] and signals a potential expansion of what the FDA considers to be a “medical device” within its regulatory purview.
Continue Reading The FDA Appears to Expand Its Definition of a “Medical Device” to Include CPSC-Regulated Infant Sleep Products
The FTC is back to business after officials attended the annual ABA Antitrust Spring Meeting held in Washington, DC. Standing on the fundamental principles of antitrust, the FTC has issued orders protecting competition in the market of innovative cancer technology. The FTC has also been busy on the consumer protection front, issuing a flurry of orders, remarks, and letters regarding review hijacking, robocalls, right to repair, chargeback deception, franchise agreements, and online marketing. In addition, Commissioners Khan and Bedoya gave speeches about hot topics in competition, and the Supreme Court issued a decision making it easier to challenge the constitutionality of agency proceedings. These stories and more after the jump.
Continue Reading FTC Updates (March 27 – April 14, 2023)
Last Thursday, April 6, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) sued SunSetter Products LP (SunSetter) in a Massachusetts federal court in a rare civil penalty lawsuit. SunSetter manufactures motorized retractable awnings for outdoor use. The Government alleges in its complaint that SunSetter knowingly failed to timely report under Section 15(b) of the Consumer Product Safety Act (CPSA) a hazardous defect related to vinyl covers for its retractable awnings. The complaint seeks permanent injunctive relief, including a third-party monitorship over the company, and civil penalties.
Continue Reading CPSC Seeks Civil Penalty Against SunSetter in Rare Federal Court Action
The wait is -almost- over! Eighteen years after the case was filed and nearly one year from the day the Second Circuit heard oral arguments in the MasterCard/Visa Interchange Fee Litigation, the Court of Appeals affirmed District Judge Margo Brodie’s approval of the $5.6 billion class action settlement agreed upon by the parties. While many observers believed the settlement would ultimately be affirmed, the panel did so with some unanticipated wrinkles, affirming a majority of the district court’s order, but leaving many of appellants’ questions and issues unanswered.
Continue Reading Turning Fees Into Funds: $5.6 Billion Settlement in <em>MasterCard/Visa Interchange Fee Litigation</em> Is Affirmed on Appeal