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Category Archives: Regulations

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CPSC Staff Recommends Rejecting Organohalogen Petition

Posted in Product Safety, Regulations
In 2015, a group of non-government organizations (NGOs) filed a petition with the U.S. Consumer Product Safety Commission (CPSC), asking CPSC to categorically ban additive organohalogen flame retardants (OFRs) from the market in the U.S. in many significant consumer product categories. OFRs include a very broad set of diverse chemical compounds added to consumer products to… Continue Reading

Elliot Kaye Steps Down as CPSC Chair

Posted in Regulations
In line with the chairs of other U.S. government agencies and commissions, U.S. Consumer Product Safety Commission (CPSC) Chairman Elliot F. Kaye has resigned his seat as chairman, according to internal sources. Pursuant to the commissioners’ unanimous vote on January 19, 2017, Vice Chair Ann Marie Buerkle assumes the role of Acting Chair until a permanent… Continue Reading

Best Buy Agrees to Pay $3.8 Million for Selling Recalled Products

Posted in Product Safety, Regulations
Mega-retailer Best Buy agreed to pay $3.8 million to settle allegations that the company distributed and sold recalled products, a violation of the Consumer Product Safety Act (CPSA) after the 2008 amendments. U.S. Consumer Product Safety Commission (CPSC) staff alleged that the retailer sold more than 600 recalled units, including over 400 Canon cameras, to… Continue Reading

State Data Breach Notification Laws – Overview of Requirements for Responding to a Data Breach (Updated June 2016)

Posted in Data Security, Privacy, Regulations
We have updated our summary of state data breach notification laws in light of recent amendments to some of the laws since our last update in September 2015. Notably, Tennessee amended its data breach notification law, the Identity Theft Deterrence Act, effective July 1, 2016, by eliminating an encryption safe harbor and requiring that affected… Continue Reading

GDPR Publication Starts Countdown to May 2018 Compliance Date for New Privacy Rules

Posted in Legislation, Privacy, Regulations
EU FlagThe new General Data Protection Regulation (GDPR) (Regulation 2016/69, Apr. 27, 2016), approved by the European Parliament and the Council of the European Union, was formally published in the Official Journal of the European Union on May 4, 2016, and will replace the Data Protection Directive (Directive 95/46/EC) effective May 28, 2018. This new set… Continue Reading

California Adds Styrene to Proposition 65 List; Proposes NSRL

Posted in Product Safety, Regulations, Uncategorized
On April 22, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) added styrene to the Proposition 65 list of carcinogens. OEHHA maintains a list of chemicals required under Proposition 65 (formally, the California Safe Drinking Water and Toxic Enforcement Act) that are “known to the state” to be reproductive toxicants or carcinogens based on… Continue Reading

FCC Adopts Broadband Privacy NPRM

Posted in Privacy, Regulations
At its Open Meeting yesterday, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that would apply the privacy protections in Section 222 of the Communications Act to broadband Internet Service Providers (ISPs). The text of the NPRM, which reportedly seeks public comment on more than 500 questions relating to privacy and… Continue Reading

The FCC Continues Privacy Push with Draft Proposal Regulating ISP Customers’ Data

Posted in Data Security, Privacy, Regulations
On the heels of the Open Internet Order adopted by the Federal Communications Commission (FCC) last year, FCC Chairman Tom Wheeler has circulated a Notice of Proposed Rulemaking (NPRM) to fellow Commissioners that would apply the privacy protections of the Communications Act to broadband Internet access services. Wheeler’s proposal will be voted on at the… Continue Reading

FTC Extends Comment Deadline on Proposed Changes to Jewelry Guides

Posted in Advertising, Labeling, Regulations
The Federal Trade Commission (FTC or Commission) announced that it will extend the period for the public to comment on its proposed update to the Guides for the Jewelry, Precious Metals, and Pewter Industries (the Jewelry Guides, published in 16 C.F.R. Part 23). Comments are now due June 3, 2016, instead of April 4, 2016.… Continue Reading

FCC Settles Probe into Verizon’s Use of “Supercookies”

Posted in Privacy, Regulations
On March 7, 2016, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a Consent Decree with Verizon Wireless relating to the company’s use of Unique Identifier Headers (UIDH) for targeted advertising purposes.  UIDH are commonly referred to as “supercookies” because they cannot be deleted.  This concludes the FCC’s investigation into whether Verizon… Continue Reading

Supreme Court Refuses to Moot TCPA Class Action, Leaving Business Open to More Suits

Posted in Advertising, Litigation, Regulations
The Supreme Court yesterday denied an attempt by a defendant to moot a class action under the Telephone Consumer Protection Act (TCPA), 48 Stat. 1064, Pub. L. 102–243 (Dec. 20, 1991) (codified at 47 U.S.C. § 227), on the basis of an unaccepted settlement offer to the named plaintiff. The case, Campbell-Ewald Co. v. Gomez,… Continue Reading

CPSC Staff Appear Set to Get Vote on Voluntary Standards

Posted in Product Safety, Regulations
Members of the U.S. Consumer Product Safety Commission (CPSC) are set to vote on a final rule to allow the staff not only to participate on the committees that develop voluntary standards, but to vote as members of the committees and even lead them (provided the Executive Director gives prior approval). If the Commission approves… Continue Reading

Vermont Chemical Reporting Rule Moves Forward, but with Delay

Posted in Product Safety, Regulations
The Vermont Department of Health won approval for its new, burdensome children’s product green chemistry reporting program from the state’s Legislative Committee on Administrative Rules on November 19, 2015. The final version of the Toxic Substances in Children’s Products Rule took effect on December 10, 2015, and follows from the state’s 2014 green chemistry bill,… Continue Reading

Vermont Department Issues Final Proposal on Children’s Product Chemical Disclosure

Posted in Product Safety, Regulations
The Vermont Department of Health has released the final proposed version of its Toxic Substances in Children’s Products Rule (although it is not yet available on the Department’s website) adopted under state’s 2014 green chemistry law, Act 188. The rule, largely unchanged from the proposal, is now scheduled to go before the state’s Legislative Committee… Continue Reading

FTC Issues Antitrust Enforcement Policy Statement

Posted in Antitrust, Regulations
In a 4–1 vote, the Federal Trade Commission (FTC) has issued its long-awaited Statement of Enforcement Principles outlining the Commission’s approach to “unfair methods of competition” prohibited by Section 5 of the Federal Trade Commission Act (FTCA) but not necessarily by the Sherman or Clayton Act. The statement is brief, and those awaiting the type… Continue Reading

Tips for Writing Social Media Policies

Posted in Advertising, Data Security, Privacy, Regulations, Sweepstakes & Promotions
As many marketers spend a large and growing share of the ad spend on social media, basic principles of truthful advertising must be kept in mind and applied in the new and varied media.  After all, the platforms may change, but the underlying requirements do not.  Thus, for responsible marketers, a robust social media policy… Continue Reading

FTC Brings First Action Against Retail Tracking Company

Posted in Privacy, Regulations
On April 23, 2015, the Federal Trade Commission (FTC) announced that retail tracking company Nomi Technologies has agreed to settle FTC charges that it misled consumers. The FTC alleged that the company, which develops technology to allow retailers to track consumers’ movements through their stores, misled consumers by failing to uphold promises to provide a mechanism… Continue Reading

California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law

Posted in Advertising, Labeling, Regulations
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels.  The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that have found compliance… Continue Reading

CPSC Versus FDA Recalls: What You Need to Know

Posted in Food and Drug, Product Safety, Regulations
Selling to consumers is generally a beneficial enterprise for all involved, but occasionally businesses will need to recall products, for a myriad of reasons. When that happens, different sets of rules apply depending on the type of product that is impacted. If your product falls under the U.S. Consumer Product Safety Commission’s (CPSC) jurisdiction, one… Continue Reading
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