The first week of June brought two votes on final rules from the FTC, including the Amplifier Rule and Racetrack Safety Rule. Further, the FTC finalized a proposed settlement and consumer redress regarding Lurn, Inc.’s deceptive advertisings. All this and more after the jump:

Continue Reading FTC Updates (June 3-7, 2024)

The FTC rounded out May by providing its annual report to the Consumer Financial Protection Bureau, highlighting the Commission’s efforts related to the Truth in Lending Act (TILA), Consumer Leasing Act (CLA), and Electronic Fund Transfer Act (EFTA).

Continue Reading FTC Updates (May 27-31, 2024)

Between announcing a joint public inquiry with the DOJ seeking information on serial acquisitions and roll-up strategies and Chair Lina Khan’s remarks at the 2024 American Economic Liberties Project Anti-Monopoly Summit, the FTC was active with regard to antitrust issues this week. The FTC provided a glimpse into the markets, in which it is currently interested in, for potential anticompetitive practices, and refunded consumers millions for false country of origin claims. These stories and more after the jump.

Continue Reading FTC Updates (May 13 – May 24, 2024)

The FDA will begin to enforce the Modernization of Cosmetics Regulation Act (MoCRA)’s facility and product registration requirements on July 1, 2024. MoCRA has a significant impact on U.S. cosmetic manufacturers and marketers (and suppliers of ingredients). Companies should initiate steps to implement compliant systems now. Is your company prepared? To help make sure you are ready for these new requirements, Crowell & Moring is offering a webinar to discuss MoCRA and describe the key requirements under this law. On June 11, 2024, panelists from Crowell’s Beauty and Wellness team (Robbie Jost, Helen Ogunyanwo, and Julia Carbonetti) and Marcha Isabelle Chaudry (Founder of Equity & Wellness Collaborative) will discuss:

  • The statutory obligations under MoCRA 
  • Who is Responsible for what and when
  • What companies should do to comply 

Click Here to Register

Talc is a mineral ingredient used in many cosmetic and personal care products, including baby powder, root touch-up products, and blush. Because both talc and asbestos are naturally occurring minerals that may be found in close proximity in underground deposits, there is risk for contamination of asbestos in talc-based products.

Continue Reading Talc About Toxic-Free Cosmetics

Between its new Non-Compete Rule, warning letters against drug manufacturers, and numerous enforcement actions, the FTC has been making more headlines than usual in recent weeks. The FTC’s activity touches on a number of industries, including healthcare, oil and gas, pharmaceuticals, and telecommunications. These stories and more after the jump.

Continue Reading FTC Updates (April 22 – May 3, 2024)

As we have previously discussed, in recent years, consumers have increasingly demanded “cleaner” beauty products and more transparency in product labeling. In addition to the FDA’s increased authority to regulate cosmetics under MoCRA, a number of states have now taken steps to regulate ingredients in cosmetics by limiting, and in some instances even banning, the use of certain ingredients that may be potentially harmful or toxic.

Continue Reading Is it Allowed? Companies Face New Challenges with an Ever-Evolving List of “Off Limits” Ingredients in Cosmetic Products

On April 30, 2024, the U.S. Consumer Product Safety Commission (“CPSC”) published a direct final rule related to pre-filled portable fuel containers and the Portable Fuel Container Safety Act (“PFCSA”), 15 U.S.C. 2056d. The Act directed the CPSC to require flammable, liquid fuel containers of fewer than five gallons and intended for transport to include devices that impede flames from entering the container. Congress gave the CPSC the authority to either promulgate a rule or adopt an existing standard. Additionally, the Act requires the CPSC to educate consumers about dangers associated with using or storing such containers near an open flame or a source of ignition.

Continue Reading Changes to CPSC’s Portable Fuel Container Safety Act Regulation Could Come as Soon as This Summer

Introduction

The DOE in 2023 significantly increased its enforcement activity against manufactures and importers alleged to have violated EPCA’s energy and water conservation standards and related certification requirements, based on available public information. As we previously flagged, the substantial rise in enforcement activity comes as the Biden Administration increasingly focuses on EPCA as a means of achieving environmental policy objectives, including reducing carbon emissions. The Department has continued its enforcement efforts in 2024 and early data from this year sheds light on the Department’s enforcement priorities.

Continue Reading Appliance Standards: Steep Increase in Department of Energy Enforcement Cases Puts Appliance Manufacturers and Importers at Financial Risk

The FTC’s enforcement and rulemaking arms have been active this week, with the former resolving actions related to telehealth and student debt relief companies. The agency will also hold a meeting this coming week regarding their much-commented-on proposed noncompete rule. In addition, the House of Representatives advanced a bill to dissolve the Bureau of Competition, the FTC’s division concerned with antitrust issues. These stories and more after the jump.

Continue Reading FTC Updates (April 15 – April 19, 2024)