Retail

Subscribe to Retail via RSS
Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law-GettyImages-1331137712-Sm

Register now to join Joanna Rosen Forster, Joachim B. Steinberg, Preetha Chakrabarti, David Ervin, and Warrington Parker on June 11, 2025 from 12:00 pm EDT – 1:00 pm EDT as they discuss Section 230 and the implications for digital platforms, online businesses and e-commerce. Section 230 was enacted as part of the United States Communications Decency Act (CDA), providing immunity to interactive computer service providers for third-party content. Known as “the 26 words that created the internet,” this statute is responsible for the development of the modern internet as we know it. 

Recent calls by the DOJ, FTC, FCC, State AGs and even Congressional Leaders to reform, edit or take Section 230 enforcement in new directions signal a potential inflection point. The challenge for policy reform lies in balancing Section 230’s role in protecting online speech and fostering innovation with evolving concerns about platform accountability, consumer protection, and market efficiency in a data-driven economy.

Continue Reading Register Now! Section 230: Implications for Digital Platforms, Online Businesses and E-Commerce Webinar

On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap…

Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law-GettyImages-1331137712-Sm

On April 3, 2025, the United States Department of Justice’ Antitrust Division hosted a forum on “Big-Tech Censorship” in which key Trump Administration Officials announced their desire to reform, or entirely overhaul, Section 230 of the Communications Decency Act. In March 2025, we wrote about the Federal Trade Commission’s (FTC) inquiry into “tech censorship” and…

mocra white paper blog

Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.

FDA is continuing to monitor the cosmetic industry’s compliance with MoCRA. On March 13, 2025, FDA released data summarizing the number of active facility registrations and product listings submitted pursuant to MoCRA’s requirements.

Continue Reading MoCRA Under the Trump Era: A Look at FDA’s Monitoring and Enforcement Two Months In

“Right to Repair” laws are regulations that generally require manufacturers to give consumers and independent repair providers access to tools, parts, and information to repair certain consumer products and other equipment on fair and reasonable terms. Recently, six states—California, Colorado, Minnesota, New York, Massachusetts, and Oregon—have implemented their own comprehensive right to repair regulations. Click…

Crowell & Moring is thrilled to announce its recognition in TFL’s inaugural list of The Top U.S. Law Firms for Retail Companies, specifically those specializing in fashion law, luxury goods, and consumer products.

TFL noted that Crowell’s Retail & Consumer Products team distinguishes itself through “a significant presence in the retail and consumer products…

Call it the summer of junk fees and drip pricing. In July, California’s new drip pricing law went into effect and in August the federal government announced further proposed rules into junk fees and subscription services. Regulators say these proposed price transparency laws and regulations are consumer protection tools that will save consumers money, help them avoid hidden fees and enable them to cancel recurring charges and subscriptions.

Here is what you need to know now:

Continue Reading Turning up the Heat on Junk Fees and Drip Pricing: Federal and State Regulations Require Increased Transparency into Pricing and Contract Cancellation

As we’ve previously reported, FTC practitioners and businesses alike have been anxiously awaiting details about the rule that will prohibit purportedly deceptive practices in connection with reviews and testimonials. Our readers likely recall the FTC’s advance notice of proposed rulemaking from November 2022, the notice of proposed rulemaking from June 2023, and the informal hearing on the proposed rule which occurred in February 2024. The wait is finally over: just yesterday, August 14, 2024, the agency announced the “Rule on the Use of Consumer Reviews and Testimonials” (the “Rule”). The final Rule, which the Commissioners unanimously approved, is a formal step to address alleged ongoing non-compliance with Section 5 of the FTC Act and the agency’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”), particularly in the consumer review space.

Continue Reading Final Rule Announced: The FTC Strengthens Its Enforcement Capacity Against “Deceptive” Reviews and Testimonials
California-State-Capitol-Building-GettyImages-482507305-Sm

Gone are the days of hidden fees and tacked on surcharges in California. Starting July 1, 2024, SB478 prohibits businesses in California from adding automatic service charges onto consumer bills. The law applies to the sale or lease of most consumer goods, including hotel and restaurant fees.

Significantly, the laws requires transparency in the advertised price. This means that businesses must disclose all costs and fees upfront – no more surprises in your shopping cart before checkout, or that mandatory “large group” fee at restaurants. It’s not even enough to disclose all the fees before the consumer finalizes the transaction or hits “buy”. The total cost must be the advertised price, disclosed at the top of the funnel. Some exceptions apply, but they are limited to items such as mandatory sales tax, shipping and voluntary tips. Penalties are stiff: consumers can bring claims against businesses, with a max of $1,000 per violation, and consumers can recover attorneys’ fees.

Continue Reading California Is Tightening the Pipes on Drip Pricing