State legislatures have continued to enact privacy laws aimed at protecting kids and teens despite significant—and often successful—legal challenges that largely focus on First Amendment flaws. Some laws have recently gone into effect, or will become effective soon, while others are not slated to take effect until 2027. The Children’s Online Privacy Protection Act (COPPA)
Trump Nominates New CPSC Commissioner
On October 2, 2025, after the federal government shut down, the Senate received President Trump’s nomination for a new commissioner at the Consumer Product Safety Commission (CPSC or Commission)—William “Billy” Hewes III, former mayor of Gulfport, Mississippi. This recent nomination came as a surprise, since for the last few months, it was not clear if
UPDATE: Supreme Court to Revisit Humphrey’s Executor in December; Reinstatement of Former FTC Commissioner Slaughter Stayed Pending the Supreme Court’s Review
The latest development in the ongoing legal saga regarding the scope of presidential authority to fire officials at various independent federal agencies occurred on September 22, 2025, when the Supreme Court of the United States (SCOTUS or the Court) granted a stay of the reinstatement of Rebecca Slaughter, a former commissioner at the Federal Trade
SCOTUS Stays Federal Appeals Court Order Reinstating Fired FTC Commissioner; Fourth Circuit Oral Argument on CPSC Firings Tentatively Scheduled
On September 8, 2025, once again, the question of the President’s authority to terminate, without cause, commissioners of independent agencies, was examined in federal court and appealed to the Supreme Court, and once again, the Supreme Court of the United States (SCOTUS) overruled the court of appeals and granted a temporary stay of that court’s
And Then There Was One…CPSC Continues Operations with One Commissioner
It has been a turbulent time at the Consumer Product Safety Commission (CPSC or Commission), with several months of legal battles over President Trump’s termination, without cause, of the three Democratic commissioners, Alexander Hoehn-Saric, Mary Boyle, and Richard Trumka. As we previously discussed here, the commissioners were fired in May 2025 and then reinstated
Supreme Court Stays Reinstatement of CPSC Democratic Commissioners
The U.S. Supreme Court gave a strong signal that it will likely overturn Humphrey’s Executor v. United States, a 90-year-old case which held that Congress may restrict the President’s authority to terminate officials at independent federal agencies without cause.
Read the full article here.
Washington State Solicits Comments on Proposed PFAS Restrictions for Apparel and Cleaning Products
On July 20, 2025, the public comment period will close on Washington state’s most recent round of proposed regulations affecting 12 categories of “consumer products” with intentionally added per- and polyfluoroalkyl substances (PFAS). If the proposed regulations are adopted, the manufacture, sale, or distribution of three categories of products— “apparel and accessories,” “cleaning products,” and
FTC Issues Warning Letters to Businesses and Platforms After Designating July “Made in the USA” Month
On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “‘Made in the USA’ Month,” and reiterated the Commission’s commitment to cracking down on deceptive MUSA claims. The FTC quickly followed this announcement on July 8 by sending warning letters to four companies, reminding them to comply with FTC’s 2021 Made in USA Labeling
Update: Trump Asks Supreme Court to Rule on Authority to Remove CPSC Commissioners
In an important development since our June 24, 2025 article, on July 1, 2025, the Fourth Circuit Court of Appeals denied the Trump administration’s motion to stay a district court’s decision reinstating three Democratic commissioners to the Consumer Product Safety Commission (CPSC). Immediately after the Fourth Circuit’s decision, the Department of Justice (DOJ) submitted
California Delays NOP Requirements for Compostable Products
Earlier this month, the California Department of Resources Recycling and Recovery (CalRecycle) sent a letter to the Biodegradable Products Institute (BPI) that effectively delays, until June 30, 2027, a key requirement for “compostable” and “home compostable” products set to take effect next year. California’s AB 1201 required that after January 1, 2026, products labeled “compostable”