What if there was a way to easily see the raw materials and production process, environmental and social impact, and expected product performance of a consumer product by simply scanning a QR code? Would easy access to that information during the lifecycle of a consumer product, incentivize sustainable production and consumption, promote repair, refurbish, reuse and recycling, and reduce waste? This is the future contemplated by the European Commission’s Circular Economy Action Plan. A future that may be obtainable through the implementation of digital product passports.

Continue Reading Digital Product Passports

The FTC kicked off the week with a fresh batch of warning letters and followed this up with a pair of complaints related to deceptive marketing. Just in time for the busiest part of tax season, the FTC has filed administrative and federal complaints against Intuit, manufacturers of the popular TurboTax software. The Commission also entered into a record-breaking settlement with a multistate car dealer over alleged deceptive sales tactics, some of which were racially discriminatory. Finally, action in the Senate this week indicates that the long-vacant fifth Commissioner position may finally fill. These stories and more after the jump.
Continue Reading FTC Updates (March 28 – April 1, 2022)

Monday, December 6, 2021

Consumer Protection: FTC’s Franchise Rule

  • The FTC filed an amicus brief in pending litigation to advise the Supreme Court that the FTC’s Franchise Rule cannot be used to determine whether a franchisee is an employee or an independent contractor. The Franchise Rule, codified as 16 C.F.R. §§ 436–437, requires franchisors to provide certain material disclosures to all potential franchisees. In its brief, the agency explained that it enacted this Rule in 1978 in response to widespread deception in the sale of franchises, and that it should preempt state laws only if they offer less protection to prospective franchisees.

Continue Reading FTC Updates (December 6-10, 2021)

Brussels – Whereas more than half of the EU consumer population is found to be receptive to green claims, only one-fifth appears to actually trust the sustainability claims made by brands. More and more, the market is realizing that “sustainability” is more than a buzzword and green claims should be substantiated by clear and transparent data. The reputation and trustworthiness of the brand can be at stake.
Continue Reading ESG in fashion (2) : the EU framework on greenwashing in the fashion industry

Brussels – More and more fashion companies are announcing programs with ambitious (some more than others) goals in relation to environmental, social and governance criteria. Recently ASOS launched its ‘Fashion with Integrity’ (FWI) 2030 programme, committing to achieve Net Zero across the full value chain by 2030. Also consumer demand is not lagging behind, urging fashion companies to change the way they run their businesses and minimizing environmental impact while keeping track of human rights and labour practices across the production and supply chain.
Continue Reading ESG in fashion: a general overview of the EU framework on environment, social and governance criteria in the fashion industry

The European Commission has been active this summer in its efforts to advance consumer safety in the European Union. Here are highlights of recent notable events:

In-app Purchases. The EU has moved to address consumer protection related to in-app purchases, particularly those made by children, which follows the announcement of similar enforcement actions in the U.S. This is the first time that the Commission and member states have joined forces to coordinate enforcement, as provided for in the Consumer Protection Cooperation Regulation (No. 2006/2004). The authorities have requested that steps be taken to prevent inadvertent in-app purchases, such as adequately informing consumers about how purchases are made and paid for, and have asked for concrete solutions from industry actors, including Google and Apple.

BPA in Toys. On June 25, 2014, the Commission announced a strict limit for Bisphenol A (BPA) in toys intended for children under 3 years old or toys intended to be placed in the mouth (0.1 mg/l migration limit). This action makes mandatory the BPA limit in the existing toy standard, EN 71.Continue Reading EU Consumer Product Safety Law Update