Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Peter B. Miller

Peter B. Miller

Peter Miller is a senior counsel in Crowell & Moring’s Advertising & Product Risk Management and Privacy & Cybersecurity groups in Washington, D.C. Peter supports, counsels, and advocates for clients using his familiarity with Federal Trade Commission (FTC) consumer protection policies, practices, and procedures; his experience with consumer protection investigations, litigation, and settlement negotiations; and his knowledge of operational privacy, data security, federal procurement, and risk management issues

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Webinar: Consumer Protection 2.0 — C&M’s First 100 Days Series

Posted in Advertising & Product Risk Management, Events
The incoming administration promises big changes to federal consumer protection administration and enforcement. On January 5, 2017, Crowell & Moring’s Advertising & Product Risk Management Group hosted a webinar in which they discussed likely changes on the horizon to the Federal Trade Commission, Federal Communications Commission, and Consumer Financial Protection Bureau. Please click here to access… Continue Reading

The FTC (Finally) Goes Organic

Posted in Advertising & Product Risk Management
In its 2012 revisions to the Green Guides (16 C.F.R. Part 260) on environmental marketing claims, the FTC declined to provide guidance regarding “organic” claims, “either because the FTC lacks a sufficient basis to provide meaningful guidance or wants to avoid proposing guidance that duplicates or contradicts rules or guidance of other agencies.” That self-imposed… Continue Reading

Don’t Put a Sock In It: FTC Says “Let Customers Complain”

Posted in Advertising & Product Risk Management
Businesses that try to prevent disgruntled customers from sharing their experiences with other consumers may have to answer to the FTC for engaging in an unfair practice. In Roca Labs, the FTC filed a complaint against marketers of purported weight loss products who “spent millions of dollars … to serve online advertisements.”  Consumers who went… Continue Reading

The FTC’s Latest Warning Letter Barrage Targets Misuse of Environmental Seals and Certifications.

Posted in Advertising & Product Risk Management
On Monday, September 14, the FTC announced that it had sent letters to five providers of environmental seals and certifications and 32 individual companies using such seals and certifications, warning them against potentially overbroad, deceptive uses. The latest edition of the FTC’s Green Guides contains a section dealing with the use of environmental seals and certifications.… Continue Reading

Holy Moly! FTC Says Smartphone Apps Don’t Detect Skin Cancer

Posted in Advertising & Product Risk Management
  The FTC continued its campaign against deceptive health and disease claims with enforcement actions against the marketers of “MelApp” and “Mole Detective,” smartphone apps that claimed to detect melanoma. These enforcement actions follow earlier FTC actions against smartphone apps that claimed to cure acne. The Commission voted 4-1 to settle deceptive advertising claims against… Continue Reading

Green Guides Hit Red Light: FTC Judge Says “Biodegradable” Doesn’t Mean Gone in One Year

Posted in Advertising & Product Risk Management, Environment & Natural Resources
In the FTC’s administrative proceeding against ECM Biofilms, Inc., Administrative Law Judge Chappell rejected the FTC’s assertion, taken directly from the Green Guides, that marketing a product as “biodegradable” includes an implied claim that the product “will completely decompose into elements found in nature within one year after customary disposal.” ALJ Chappell ruled that the… Continue Reading

Those Doggone Environmental Claims

Posted in Advertising & Product Risk Management, Environment & Natural Resources
The FTC continues its active presence in the environmental claims space with 20 warning letters targeting marketers of “dog waste bags” who make biodegradability and/or compostability claims for the bags and their, er, contents. The sweep contains no surprises in terms of FTC interpretation of environmental claims and is consistent with past FTC actions against… Continue Reading