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Federal Trade Commission

The week and a half proceeding the Thanksgiving federal holiday was busy for the Federal Trade Commission. Not only did the Commission release yearly updates such as its Fiscal Year 2022 Agency Financial Report and National Do Not Call Registry Data Book for Fiscal Year 2022, it also filed three complaints, an amicus brief and announced an advanced notice of proposed rulemaking. The Bureau of Consumer Protection has been busy in November and focused on many false advertising and deceptive business practice issues. These stories, plus more, after the jump.Continue Reading FTC Updates (November 14-23, 2022)

In the article, “H&M class action: what lawyers told us”, featured in Apparel Insider, Partner Jason Stiehl commented on a recent class action complaint filed against H&M over its use of Higg Sustainability labels and its justification to charge premium prices for sustainable clothing. Stiehl provided insight on the importance to tighten internal systems…

In the recent AdAge article, ESG Advertising Demands More Than Mere Legal Compliance, Chris Cole shares his thoughts on the five best practices for how companies advertise their ESG efforts:

  1. Advertise honestly about accurately measurable improvements
  2. Qualify with reference to metrics or uncertainty to put statement into context
  3. Use well-established standards for communication
  4. Do

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Earlier this month, New York State Assemblywoman Kelles and State Senator Biaggi introduced the Fashion Sustainability and Social Accountability Act in the New York State Assembly and Senate. If the legislation becomes law, it would amend New York’s general business law to require fashion companies to publicly disclose extensive information about their environmental, social, and governance (“ESG”) policies, impacts, and targets for improvement.

Specifically, the Act would require all fashion retail sellers and manufacturers doing business in New York that have annual worldwide gross receipts surpassing $100 million to disclose:

  • ESG due diligence policies and processes;
  • ESG outcomes, including actual or possible negative environmental and social impacts; and
  • Binding targets for prevention and improvement of ESG outcomes and policies.

Continue Reading Will New York’s Fashion Sustainability and Social Accountability Act Set a Trend?

Our look back on the 10 most read posts from this past year highlights key developments in 2021. These posts reflect the emergence of environmental justice and environment, social, and governance as critical areas for businesses on both sides of the Atlantic. They also show the growing enforcement trend among State Attorneys General and the Federal Trade Commission. Regulations have covered a wide range of issues, from chemicals and hazardous materials in the U.S. to digital markets in the European Union. And, as the impact of Covid-19 continues to affect us all, one of our most-read articles shows the continued struggle retailers face with pandemic-related lease disputes.
Continue Reading This Year’s Most Popular Posts

A recent survey of top decision-makers by Crowell & Moring finds that nearly 80% of responding companies have identified and adopted environmental performance goals beyond what regulations require. Fewer than half of those surveyed measure their company’s performance against those goals—and in some cases are experiencing challenges implementing them.

The survey of 225 respondents, including in-house counsel and compliance, ESG, and sustainability professionals, is detailed in a new report, “ESG Survey: Environmental Performance and the Stakes for Your Business.”

The report finds that 44% of respondents say their organizations are measuring their carbon footprint, and 13% are measuring their environmental impact on ethnically and racially diverse communities on an ongoing basis. Both are likely to be key areas of focus of the current U.S. administration’s regulatory and enforcement activities.
Continue Reading Crowell & Moring Survey Finds Companies Are Setting Environmental Goals, But Questions of Measurement Persist