After a process that began back in 2019, the Federal Trade Commission (FTC or Commission) unanimously approved a revised Children’s Online Privacy Protection Act Rule (COPPA Rule or Rule) on January 16, 2025. The Rule was based on comments responding to the FTC’s Notice of Proposed Rulemaking (NPRM) issued January 11, 2024. This is
Sheila Millar
Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.
Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.
Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law "Lawyer of the Year" 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.
Canada’s Competition Bureau Seeks Feedback on Proposed Environmental Claims Guidelines
Competition Bureau Canada (the Bureau) announced just before Christmas that it is seeking public comments on draft guidelines (the Guidelines) for assessing environmental claims for compliance with Canada’s Competition Act (the Act). The Act was amended in June 2024 by adding two specific provisions to existing general prohibitions for false and misleading representations and unsupported…
California Becomes First State to Impose Extended Producer Responsibility on Textiles
California recently became the first state to adopt an extended producer responsibility (EPR) scheme for textiles by adopting Senate Bill 707, the Responsible Textile Recovery Act of 2024 (the RTRA or Act). Specific requirements will become effective in 2026. EPR is a regulatory approach that shifts the burden of recycling and reuse of products away…
CPSC Approves eFiling Rule for Certificates of Compliance
On December 18, 2024, the U.S. Consumer Product Safety Commission (CPSC) approved a final rule to implement electronic filing (eFiling) of certificates of compliance (CoC) for imported consumer products that are subject to a CPSC rule, ban, standard, or regulation (Final Rule). A 24-month effective date will apply to covered consumer products imported into a…
California Issues Notice of Enforcement Discretion for Climate Reports under SB 253
On December 5, 2024, the California Air Resources Board (CARB) published a notice of enforcement discretion under SB 253, the Climate Corporate Data Accountability Act, which requires U.S. companies that do business in California and that have total annual revenues in excess of $1 billion to report all of their Scope 1, Scope 2, and…
FTC Announces Final “Click to Cancel” Rule
On October 16, 2024, the Federal Trade Commission announced its final “click-to-cancel” rule, expanding its prior rules on negative options to include all types of subscription sales.
A central element of the rule is a requirement that sellers make it as easy for consumers to cancel their enrollment as it was to sign up…
CPSC Extends Comment Period on Expansion of eFiling Beta Pilot Test
On September 10, 2024, the U.S. Consumer Product Safety Commission (CPSC or the Commission) published a notice extending the comment period for its expansion of the eFiling Beta Pilot Test to October 10, 2024. This extension is referred to by CPSC staff in training materials as the “eFiling voluntary stage” to differentiate it from the…
CPSC Proposes New Rule for Button and Coin Cell Batteries in Children’s Toys
On August 13, 2024, the Consumer Product Safety Commission (CPSC or Commission) published a Notice of Proposed Rulemaking (NPR) in the Federal Register proposing new rules for children’s toys containing button and coin cell batteries. This comes fewer than seven months after CPSC adopted the most recent revisions to the mandatory safety standard for children’s…
FTC Finalizes Rule Against Fake Reviews and Testimonials
On August 14, 2024, the Federal Trade Commission (FTC or Commission) announced its Final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule) to rein in what it believes is the widespread practice of using fake reviews and testimonials to boost sales of products or services. The long-awaited Final Rule was…
KOSA and COPPA 2.0 Voted Out of the Senate
As widely predicted, on July 30, 2024, the Senate passed the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) in a bipartisan vote of 91-3. Echoing criticism from both civil liberties groups and industry, Senators Rand Paul (R-KY), Mike Lee (R-UT), and Ron Wyden (D-OR) voted no…