On October 13, 2023 The FDA announced that two of the requirements set forth in the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)— facility registration and product listing—will be included as part of the Structured Product Labeling (SPL) framework. SPL is a document formatting standard adopted by FDA for exchanging product-related information. 

Continue Reading FDA Publishes SPL Guide for MoCRA Facility Registration and Product Listings

This week the FTC highlighted its report on the prevalence of fraudulent business practices directed at older adults. It also announced that the Agency is seeking public comment on the existing Alternative Fuels Rule. More on these actions, as well as an update on student debt related actions, after the jump.

Continue Reading FTC Blog Updates Oct 16-Oct 20

On Friday, CPSC Chairman Alexander Hoehn-Saric gave a keynote address to the International Symposium of the International Consumer Product Health and Safety Organization (ICPHSO) in Almhult, Sweden. Hoehn-Saric focused his remarks on his stated goal for the third year of his term as chairman of the agency—addressing recalled or otherwise violative products sold on or through online marketplaces. In Hoehn-Saric’s view, consumers expect to purchase safe products on online marketplaces, and they should not need to know or discern whether a product is purchased directly from an online retailer or from an entity that has been provided access to consumers through the online platform. He complemented collaborative improvements by Amazon, eBay and Target but issued a call to action including adoption of “safety by design“ and legislative and regulatory protections.

Continue Reading CPSC Chair Hoehn-Saric Focuses on Online Marketplaces at ICPHSO International Conference

This week, the FTC announced activity focused on junk fees, companies deceiving and misleading consumers in negative options, and consumer background reporting. These stories and more after the jump.

Continue Reading FTC Updates (October 09 – October 13, 2023)

Focusing on engagement with the public and other agencies, the FTC had its hands full last week commenting on regulations and hosting events on hot-button issues like the impact of AI on creative industries and the July 2023 Draft Merger Guidelines. More on these actions, as well as an update on student debt related actions, after the jump.

Continue Reading FTC Blog Updates Oct 2-Oct 6

The FTC is in feedback-seeking mode, looking for input on topics ranging from the draft Merger Guidelines to privacy. The agency also collaborated with the CFPB on an amicus brief regarding the Fair Credit Reporting Act, and entered into a cooperation agreement with several Latin American countries. More on this, after the jump.

Continue Reading FTC Updates (September 25-29, 2023)

Bayer Healthcare LLC (Bayer) is the latest in a long line of companies to be hit with a consumer class action lawsuit over recalled personal care products containing benzene—a carcinogen found in a variety of consumer products, including most notoriously, aerosol deodorant, sunscreen, and dry shampoo.

Continue Reading Recall Litigation Report: Benzene Continues To Be A Hot Button Issue

More than two years after consumers across the country first started filing suit against Philips Respironics (Philips) over certain recalled sleep apnea devices, the company announced that it has reached an agreement to pay $479 million to compensate consumers. Philips voluntarily recalled several different models of continuous positive airway pressure (CPAP) and bilateral positive airway pressure (BiPAP) machines and ventilators back in June 2021. In the months that followed, Philips was inundated with lawsuits by consumers, which alleged that Philips knew about the serious risk of injury posed by its recalled devices long before any public announcement. Hundreds of consumer-facing lawsuits were ultimately consolidated in the U.S. District Court for the Western District of Pennsylvania in In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation.

Continue Reading Recall Litigation Report: Philips Reaches Settlement in CPAP/BiPAP MDL

On September 28, 2023, EPA released a long-anticipated final rule aimed at gathering information on products in commerce that contain PFAS chemicals.  As defined in the regulation, the term “PFAS” includes a group of materials known as fluoropolymers, which are widely used in gaskets, tubing, electrical wiring, composite materials, printed circuit boards, membranes and many other manufactured articles.  Under EPA’s new regulation, any company that has imported any of these types of articles containing fluoropolymers (or any other PFAS chemical) at any time since 2011 will be required to submit extensive information to EPA regarding those products and activities.  The pre-publication version of the final rule can be found here.

Continue Reading Importers of Equipment, Machinery and Electronics Beware: You’re Probably Subject to EPA’s New PFAS Regulation

As the summer closes and fall arrives, the FTC has been busy resolving a variety of actions within both the Bureau of Consumer Protection and Bureau of Competition, related to either purported false advertising or anticompetitive mergers. This and more, after the jump.

Continue Reading FTC Updates (August 28 – September 8, 2023)