On October 25, 2024, FDA issued final guidance to the tattoo industry on the preparation, packing and holding of tattoo inks aimed at preventing the risk of microbial contamination. FDA is getting involved because tattoo ink is considered a cosmetic product regulated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

Continue Reading The Ink is Dry: FDA Issues Final Guidance for Tattoo Industry

In the beginning of October, the FTC announced it is compensating consumers deceived by bait-and-switch advertising for vision correction procedures. The FTC also outlined the threats to competition posed by AI. More on these updates after the jump.

Continue Reading FTC Updates (September 30 – October 4, 2024)

The EU Institutions are currently adding the finishing touches to the new Packaging & Packaging Waste Regulation (“PPWR”) which is expected to be adopted in Q4 2024 or Q1 2025. While many companies are fully preoccupied with preparing for other EU legislation (e.g. the Deforestation Regulation) – companies will ignore the PPWR at their peril. The PPWR contains a host of ambitious legal targets and requirements – which industry will find it difficult to achieve in practice. And the deadlines to comply – are perhaps even more challenging. Companies will need to start preparing for the EU PPWR now, to avoid serious problems – including supply-chain disruption, penalties and litigation – in the future.

Continue Reading Do You Sell or Manufacture Products in the EU? Then You Should Be Preparing for the New EU Packaging and Packaging Waste Regulation (PPWR) Now.

As fall approaches, the FTC continues to enforce actions on the consumer protection front against deceptive practices in the cash advance, e-commerce, and telemarketing sectors.  All this, and more, after the jump.

Continue Reading FTC Updates (September 16-27, 2024)

Earlier this month, the U.S. District Court for the Northern District of California ruled in favor of Marc Jacobs and its retailers, refusing to grant summary judgment to Korean luxury skin-care company Amarte USA Holdings, Inc. on its claim that Marc Jacobs’ EYE-CONIC eye shadow infringed Amarte’s rights to its trademarked EYECONIC eye cream. Ruling on cross-motions for summary judgment, U.S. District Judge Charles R. Breyer found that there was no likelihood of confusion between the products, so Marc Jacobs and the retailers were not liable for trademark infringement or other claims hinging on consumer confusion.

Continue Reading Northern District of California Wipes Away EYECONIC / EYE-CONIC Trademark Litigation

The FTC focused its week on consumer protection.  The Commission announced a tentative agenda for its upcoming open meeting, sent warning letters to adoption intermediaries for purportedly misleading consumers, and issued refunds to consumers deceived by 1Health.io about its privacy and security practices.  More on these stories after the jump.

Continue Reading FTC Updates (September 9 – 13, 2024)

The FTC’s activity this week centers around data analysis. The agency released reports analyzing Bitcoin ATM scam data, followed by a report compiling issues with income disclosure statements from multi-level marketing (“MLM”) businesses. The Commission also sent a report to the Consumer Financial Protection Bureau on its activity related to fighting debt collection-related fraud against consumers. More information on these stories after the jump.

Continue Reading FTC Updates (September 2-6, 2024)

More than a year ago, the EU Batteries Regulation (Regulation (EU) 2023/1542) entered into force.  In approximately one year’s time, the EU Batteries Regulation is set to repeal the 2006 Batteries Directive (Directive 2006/66/EC), with some exceptions. During the 2024 summer, a number of the new requirements under the EU Batteries Regulation have begun to apply.  With these points in mind, it is an opportune time to take stock of the new requirements being phased-in under the EU Batteries Regulation, consider the most recent requirements which begun to apply last month (August 2024), and assess the significant, and growing, impact the EU Batteries Regulation is having more generally.

Continue Reading The EU Batteries Regulation: Taking Stock of the New EU Battery Requirements

Over the 2024 summer, new EU rules entered into force regarding unsold consumer products under the new ESPR (i.e. the Ecodesign for Sustainable Products Regulation – Regulation (EU) 2024/1781).  The legal obligations themselves are relatively concise and short in number and therefore perhaps easy to overlook.  However, companies selling or supplying consumer products in the EU/EEA – particularly companies in the clothing, footwear, apparel, textile and retail sectors – should beware and not underestimate their importance or impact.

Continue Reading Companies Selling Consumer Products in the EU (Particularly Clothing, Apparel, and Footwear Companies) Beware: The New ESPR Rules on Unsold Consumer Products Have Now Entered into Force

On August 26, 2024, the FTC announced a stipulated order and settlement with Care.com for 8.5 MM.  The complaint, filed in W.D. Tex. alleges various violations of Section 5 of the FTC Act and the Restore Online Shoppers Confidence Act with respect to the manner in which Care.com advertised and promoted the number of jobs available on its platform, and its auto-renew or subscription feature.  The FTC labeled Care.com’s subscription cancellation flow a “dark pattern”; it is hard to locate, and, once found, consumers must “navigate a multipage process rife with deceptive design tactics”.  The conclusion, per the FTC is that Care.com just doesn’t want users to be able to cancel.  In the stipulated order, the parties agreed that: 

Continue Reading The FTC and “Cancel Culture”