Two recent Senate bills show that Congress is working to improve the nation’s patchwork of recycling laws. On July 28, 2022, the Senate voted unanimously to pass The Recycling Infrastructure and Accessibility Act of 2022 (RIAA) and The Recycling and Composting Accountability Act (RCAA). The first of these directs the U.S. Environmental Protection Agency (EPA)
FTC Brings Right to Repair Complaints Against Three Companies
Following its report to Congress in 2021 on what it characterized as unlawful repair restrictions, Nixing the Fix, the Federal Trade Commission (FTC or Commission) announced that it would prioritize investigations into limits on consumer repair rights pursuant to its authority under the Magnuson-Moss Warranty Act (Warranty Act) and Section 5 of the FTC
FTC Brings First MUSA Rule Complaint Against Battery Manufacturer
In a complaint dated April 12, 2022, the Federal Trade Commission (FTC) brought its first action under the new Made in USA Labeling Rule (the Rule) against Lithionics Battery LLC (Lithionics) and its owner, Steven Tartaglia, for falsely advertising Lithionics’ lithium-ion batteries as USA-made.
According to the FTC’s complaint, from at least 2018 until at
Keurig Agrees to Pay $10 Million to Settle Class Action Over Charges of Misleading Recyclable Claims
On February 24, 2022, Keurig Green Mountain, Inc. (Keurig) agreed to pay $10 million to settle a long-running class action that alleged the coffee company deceptively advertised its K-Cups pods’ recyclability by misleadingly labeling and marketing them as “recyclable” when the pods were in fact not accepted for recycling in many areas. The settlement follows
California Governor Newsom Signs Laws Affecting Environmental Marketing Claims
On October 5, 2021, California Governor Gavin Newsom signed a package of environmental legislation into law, including two bills aimed at environmental marketing claims. SB 343, Truth in Labeling for Recyclable Materials, which we previously wrote about here, will significantly affect how recyclability claims can be made. Under AB 1201, compostable and
NIST Lays Out Cybersecurity Guidance for Non-Technical Supporting Capabilities Related to IoT Devices
With millions of Internet of Things (IoT) devices from phones to smart home censors flooding the market every year, effective cybersecurity to help mitigate risks to devices is vital. New guidance from The National Institute of Standards and Technology (NIST), IoT Non-Technical Supporting Capability Core Baseline (NISTIR 8259B), is intended to help manufacturers identify the
NIST on Track to Release Draft Security Criteria for Consumer IoT Products
On August 31, 2021, the National Institute of Standards and Technology (NIST) released its draft white paper, DRAFT Baseline Security Criteria for Consumer IoT Devices. The draft white paper is in response to Executive Order (EO) 14028, “Improving the Nation’s Cybersecurity,” which requires NIST, in collaboration with other agencies, to educate the public
The Changing Face of Environmental Marketing Claims
The circular economy. Sustainability. Single-use plastics bans. Marine litter. Microplastics. Climate change. These are only some of the issues driving the demand for more “environmentally friendly” products. In recent years, we have seen a surge in product and raw material innovations designed to improve environmental performance, and companies around the world are pledging to take