In an effort to update and modernize the FDA’s regulation of sunscreen, Representative John Joyce (R-Ohio) and a group of bipartisan members of Congress introduced in June the Supporting Accessible, Flexible, and Effective Sunscreen (SAFE) Standards Act. If enacted, the bill would establish a more flexible regulatory scheme at the FDA, decrease the cost
In May 2025, the Trump Administration, asserting Executive authority, terminated the three Democratic Commissioners of the Consumer Product Safety Commission. On June 13, 2025, a Maryland district court aborted the without-cause termination while a legal challenge proceeds, leaving the Commissioners in place. No longer.
Continue Reading Commission In Limbo: SCOTUS Decision Puts CPSC Democrats Back Out of Action
The National Advertising Division (“NAD”) serves as a self-regulatory forum for businesses to review advertising claims that are allegedly false or misleading without proceeding to court. As they rely on FTC precedent, NAD decisions can serve as a touchstone to determine trends in advertising law generally. Below is an overview of recent themes and major decisions by the NAD.
Continue Reading National Advertising Division Updates
Register now to join Crowell & Moring partners Joanna Forster, Cheri Falvey, Clay Marquez, Meghan McMeel, Stefan Meisner, and counsel Shauneida Navarrete as they discuss significant legal changes in the first half of 2025 that impact retailers/e-commerce in the United States. The webinar will take place on Wednesday, July 30, 2025 from 12:00 – 1:00 p.m. ET.
Continue Reading Register Now! H2 2025: What Retailers/E-Commerce Need to Know Webinar
On July 14, 2025, the FTC announced its enforcement action against telemedicine company NextMed over charges it used misleading prices, fake reviews and deceptive weight-loss claims to sell GLP-1 weight-loss drugs. The FTC has now settled its charges that NextMed used deceptive practices to lure consumers into buying their weight-loss membership programs that had hidden terms and conditions. With the rise of both authentic and counterfeit GLP-1s throughout the nation and the proliferation of the availability of GLP-1s from telemedicine/telehealth companies, online pharmacies and medspas, this announcement is a sign that the federal government will actively monitor these entities to ensure consumers are getting genuine, authentic GLP-1s, that consumers are making informed decisions about weight-loss drugs, and that consumers are not being deceived and duped in the frenzy over GLP-1s.
Continue Reading FTC Uses Its Consumer Protection Powers to Regulate Sellers of GLP-1s
On July 8, 2025, the Eighth Circuit vacated the Federal Trade Commission’s (“FTC”) Negative Option Rule, also known as the Click-to-Cancel Rule, on procedural grounds. The Click-to-Cancel Rule, which provided a streamlined path for consumers to cancel subscription services in a few clicks of a mouse, was scheduled to take effect on July 14, 2025, but the Court found that the FTC had failed to follow mandatory procedural requirements.
Petitioners argued that the FTC had, in implementing the rule, exceeded its statutory authority, skipped a requisite preliminary regulatory analysis during the rulemaking process pursuant to Section 22 of the Federal Trade Commission Act (“FTC Act”), and acted in an arbitrary and capricious manner under the Administrative Procedure Act (“APA”) by enacting the Click-to-Cancel Rule. The Court agreed, finding that the FTC violated Section 22 of the FTC Act.
Continue Reading Eighth Circuit Cancels Click-to-Cancel
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)
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
On June 6th, Crowell hosted Former CPSC Chair Ann Brown and Former Congresswoman Gabby Giffords as they headlined a roundtable on the importance and impact of gun locks. This joint appearance spotlighted child safety and firearms as part of Gun Violence Awareness Month. Eighty percent of unintentional shootings in the United States are the result
On June 4, 2025, Crowell hosted its summer Crowell Atelier, a networking breakfast for luxury clients. Crowell’s Preetha Chakrabarti and Emily Kappers organized the event, which featured a presentation by Crowell partner Joanna Forster, a former e-commerce General Counsel and California state prosecutor. Joanna discussed potential reforms to Section 230 of the Communications Decency Act and possible state government activity that will follow from related federal actions, all of which may impact the retail industry.
Continue Reading Crowell Atelier June 2025: What Luxury Retailers Need to Know About Possible Section 230 Reform