The FTC this week has primarily focused on consumer protection, announcing successful efforts against companies who failed to protect consumers from illegal telemarketing calls and hackers. The agency’s efforts build on a series of actions focusing on consumer privacy and security, which are all the more important as, in the agency’s words, “businesses face fresh incentives to hoard data to train AI models.” These stories and more after the jump.

Continue Reading FTC Updates (January 29 – February 2, 2024)

On January 31, 2024, EPA Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and corrective action authority under the Resource Conservation and Recovery Act (RCRA). These rulemakings follow from a 2021 announcement covered in a prior Crowell client alert, adding to the growing number of pending PFAS-related proposals submitted by EPA.

Continue Reading EPA Continues to Push Toward Regulation of PFAS By Proposing Two More New Rules Under RCRA

The FTC continues to make strides at the start of the new year. The FTC and the Justice Department met with world leaders in the competition space and announced numerous updates to their procedures demonstrating the government’s commitment to remaining up to date with current technology and trends. This, and more, after the jump.

Continue Reading FTC Updates (January 22 – January 29, 2024)

On January 25, 2024, Rep. Jan Schakowsky (D-Ill.) and Sen. Peter Welch (D-Vt.), introduced the Consumer Advocacy and Protection (CAP) Act in the U.S. House of Representatives (HR 7096) and U.S. Senate (S 3667). The CAP Act aims to deter companies from committing safety violations by increasing CPSC’s penalty authority.

Under current law, manufacturers, importers, and distributors of consumer products are required to report immediately to the CPSC information that reasonably supports the conclusion that a product contains a defect that could create a substantial product hazard or an unreasonable risk of serious injury or death. If violations occur, the applicable civil penalty is a maximum of $100,000 per individual violation and $15,000,000 for a series of related violations. These amounts were adjusted for inflation in 2021, reaching $120,000 per violation and $17,150,000 for a series of related violations.

Continue Reading New Bill Could Mean Higher Penalties for Failure to Report Safety Concerns

As we enter 2024, the FTC is pushing forward on all fronts. The Bureau of Consumer Protection announced both settlements and actions, especially related to telemarketing and robocalls, as well as automotive industry junk fees and illegal uses of consumer location data. And, the FTC has scheduled a summit on Artificial Intelligence on January 25. This, and more, after the jump.

Continue Reading FTC Updates (January 1 – January 19, 2024)

On February 27, Meshach Rhoades will speak at the Consumer Brands CPG Legal Forum on the panel, “State Action: Complying with a New Environment of Packaging and Chemical Laws.” This discussion will explore packaging proposals centered on recyclability and chemical bans that have created new compliance requirements for CPG companies. Panelists will offer a bicoastal view of proposals encompassing operational considerations and claims.

The Consumer Brands CPG Legal Forum is curated by experts in the CPG industry and covers household, personal care, food and beverage, dietary supplements, pet food and OTC products.

For many years, personal care companies have used a wide variety of ingredients that are now under scrutiny. Recently, Per- and Polyfluoroalkyl substances (PFAS) have received increased attention. Once intentionally added to products, several state laws ban or modify the total amount of these ingredients permitted in various products. Now, a new bill introduced in U.S. Congress late last year aims to follow suit.

Continue Reading What’s In and What’s Out? Cosmetic Companies Face Ingredient Compliance Conundrum