In the absence of a comprehensive U.S. federal privacy law, three states – California, Virginia, and Colorado – have enacted comprehensive privacy laws as of this year. The California Consumer Privacy Act (CCPA) is in effect now, and the California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), and Colorado Privacy Act (CPA)
FTC Takes Aim at Negative Option Marketing with New Enforcement Policy Statement
“Dark patterns” – user interfaces that are designed, intentionally or unintentionally, to influence user decision making – have been increasingly on the Federal Trade Commission’s (FTC or Commission) radar. As we previously reported, the FTC held a workshop earlier this year to examine, among other things, how dark patterns affect online user behavior and
Another New Face at CPSC as Trumka Confirmed
Richard Trumka, Jr., nominated by President Biden for a seat on the U.S. Consumer Product Safety Commission (CPSC), was confirmed Tuesday evening, November 16, 2021, by a unanimous voice vote in the Senate. When he takes his oath of office, which will likely be within a week or two, Trumka will take the seat of
California Privacy Protection Agency Seeks Comments on New CCPA Regulations
The newly established California Privacy Protection Agency (the Agency) is soliciting public comments on a number of issues, as required by the California Privacy Rights Act (CPRA) that was passed by ballot initiative in November 2020. CPRA expands the rights afforded to California residents and the obligations imposed on businesses under the California Consumer Privacy
FTC Resurrects Penalty Offense Authority as Possible Civil Penalty Vehicle
Following the U.S. Supreme Court’s April 22, 2021 decision in AMG Capital Management, LLC v. Federal Trade Commission, which put the brakes on the ability of the Federal Trade Commission (FTC or Commission) to use its Section 13(b) authority to seek monetary penalties for violations of the FTC Act, the Commission has sought another
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
CPSC Has a New Chair
Alexander Hoehn-Saric, nominated by President Biden for both a seat on the U.S. Consumer Product Safety Commission (CPSC) and the chairmanship of that body, was confirmed late Thursday night by a unanimous voice vote. When he takes his oath of office, Hoehn-Saric will be CPSC’s first permanent chair in more than four years.
Fellow Democrat
CPSC May Have a Fiscal Year 2022 Operating Plan – but not Without Controversy
The U.S. Consumer Product Safety Commission (CPSC) has approved its Operating Plan (Op Plan) for the 2022 Fiscal Year (FY 22) that begins October 1, 2021, according to a joint statement from its two Republican members, Dana Baiocco and Peter Feldman. The Op Plan is the central governing document for CPSC, outlining the projects 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