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Sheila Millar and Boaz Green Author Law360 Article “CPSC Is Shifting Toward Voluntary Standards”

Posted in Cybersecurity, Privacy, Product Safety

Sheila Millar and Boaz Green discuss CPSC’s activities in 2018 and give their predictions on possible agency actions in the coming year in the Law360 article “CPSC Is Shifting Toward Voluntary Standards” (Feb. 6). Law360 featured the article in its newsletter sections for Consumer Protection, Cybersecurity, and Product Safety. To read the full article, click… Continue Reading

White House Re-nominates Ann Marie Buerkle for Chair and Commissioner

Posted in Product Safety

On January 16, 2019, the White House re-nominated Consumer Product Safety Commission (CPSC) Acting-Chair Ann Marie Buerkle to be Chairman, and for another seven-year term as Commissioner. Acting Chair Buerkle was first nominated in July of 2017, and re-nominated in January of last year, but the Senate did not act on these nominations. The business… Continue Reading

Supplement Company Settles with FTC Over Diabetes Pill Marketing Claims

Posted in Advertising

Any product purporting to be a panacea for a serious health issue needs serious evidence to back up such a promise. Take Nobetes, a dietary supplement touted as “the miracle product [diabetics have] been waiting for.” The company and its two principal officers claimed Nobetes lowered blood sugar and reduced the need for insulin. They… Continue Reading

FTC Releases Cybersecurity Resources for Small Businesses

Posted in Cybersecurity, Data Security, Privacy

Small businesses face the same cybersecurity risks as large multinationals but lack a large IT infrastructure to help protect themselves. At the direction of former Federal Trade Commission (FTC) Acting Chairman Maureen Ohlhausen, the FTC launched a new cybersecurity campaign aimed at helping small businesses navigate the ever-evolving cyber landscape, coordinated with the Department of… Continue Reading

Agency Comings and Goings

Posted in Data Security, Privacy, Product Safety

This week has seen several significant changes at the Commission level at both the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC). CPSC After several months of stasis, the Senate voted to confirm Peter Feldman as a Commissioner on the CPSC, with a term expiring October 26, 2019. Feldman takes the place… Continue Reading

NIST Launches Development of Voluntary Privacy Risk Management Framework

Posted in Cybersecurity, Data Security, Privacy

The National Institute of Standards and Technology (NIST) has launched a collaborative effort to develop a voluntary framework that will help organizations manage privacy risks and protect consumer privacy when developing and using innovative technologies. According to NIST, a robust cybersecurity program can help manage risks, but organizations need customizable tools for addressing the challenges… Continue Reading

FTC Approves ESRB’s Updated COPPA Safe Harbor Program

Posted in Data Security, Privacy

The Federal Trade Commission (FTC) approved modifications to the video game industry’s Children’s Online Privacy Protection Act (COPPA) program. Earlier this year, the Entertainment Software Ratings Board (ESRB) proposed several substantive changes intended to take account of recent FTC COPPA rules and guidance. To receive FTC approval, COPPA safe harbor programs must “implement substantially similar… Continue Reading

23 California DAs Obtain $1.5 Million Settlement for Deceptive Biodegradable Claims

Posted in Litigation

Environmentally conscious consumers often look for products advertised as “green.” But labeling plastic products as “biodegradable” may land you on the legal compost heap if you can’t meet federal and state regulations governing green marketing. Amazon was just the latest company to find itself in the crosshairs when 23 California district attorneys charged that it… Continue Reading

California Company Settles with FTC over Alleged Privacy Shield Misrepresentations

Posted in Data Security, Privacy

If a company claims to be certified under the EU-U.S. Privacy Shield framework when it hasn’t even completed the paperwork, the Federal Trade Commission (FTC) isn’t likely to let it slide. ReadyTech, a California-based online training services company, made such a claim on its website, in violation of the FTC Act’s prohibition against deceptive acts… Continue Reading

State Data Breach Notification Laws – Overview of Requirements for Responding to a Data Breach – Updated July 2018

Posted in Data Security, Privacy

With the ever-changing complexity of state data breach notification laws, companies facing a data breach need resources that will help them understand the issues. This summary provides an overview of the similarities and differences in data breach laws adopted in the 50 United States and the District of Columbia and includes laws enacted since our… Continue Reading

CPSC Releases Revised Draft Age Appropriate Guidelines for Consumer Products

Posted in Product Safety, Regulations

The U.S. Consumer Product Safety Commission (CPSC) announced potential changes to its 2002 Age Determination Guidelines Relating Children’s Ages to Toy Characteristics and Play Behavior (2002 Guidelines). The new draft guidance, titled Guidelines for Determining Age Appropriateness of Toys (Draft 2018 Guidelines), “addresses toys that have come onto the market since the last update and… Continue Reading

CPSC Sues to Force Jogging-Stroller Recall

Posted in Product Safety

The U.S. Consumer Product Safety Commission’s (CPSC) first lawsuit of 2018 is against the maker of popular lines of jogging strollers, Britax Child Safety, Inc. The complaint, to be heard in administrative proceedings, concern’s Britax’s B.O.B. jogging strollers. The company and its 2011 merger partner, B.O.B. Trailers, Inc., have been importing and distributing the strollers… Continue Reading

Online Talent Company Settles with FTC Over Alleged COPPA Violations

Posted in Data Security, Privacy

Online talent search company Explore Talent just landed in the spotlight of the Federal Trade Commission (FTC). The Vegas-based company was charged with violating the Children’s Online Privacy Protection Act (COPPA), which requires that companies collecting information online must obtain informed, verifiable parental consent before collecting any information from a child under 13. The company… Continue Reading

European Court of Justice Throws Out Class Action in Latest Schrems Battle

Posted in Data Security, Privacy

In the latest round of the ongoing battle between Austrian privacy activist Max Schrems and Facebook, the European Court of Justice (CJEU) ruled that Schrems did not have standing to bring claims on behalf of Austrian consumers over Facebook’s alleged violations of users’ privacy rights. The court did, however, allow for Schrems to continue with… Continue Reading

ICC Launches Free E-Course on Responsible Marketing and Advertising

Posted in Advertising

The International Chamber of Commerce (ICC) Commission on Marketing and Advertising has launched a free, two-hour interactive ethical marketing and advertising course designed to help companies and other stakeholders apply the fundamental principles of the ICC Marketing Code. Created in conjunction with the ICC Academy and modeled on a program developed by international business school… Continue Reading

Senate Bill Would Give FTC Enforcement Power Over Credit Bureaus

Posted in Data Security

In response to the Equifax data breach last September, when hackers gained access to the personal information of 143 million consumers, Senators Elizabeth Warren (D-MA) and Mark Warner (D-VA) have introduced a bill, The Data Breach Prevention and Compensation Act of 2018, that would ultimately impose security obligations on credit reporting agencies (CRAs).  The bill… Continue Reading

CPSC Nominations Update

Posted in Product Safety, Regulations

President Trump resubmitted the nominations of Ann Marie Buerkle as chair and a second term as commissioner, and Dana Baiocco as commissioner (replacing Marietta Robinson (D)) of the Consumer Product Safety Commission (CPSC). The Senate received the nominations on January 8, 2018. On December 21, 2017, the United States Senate returned some 120 nominations to… Continue Reading

FTC and FCC Enter into MOU For Broadband Enforcement

Posted in Uncategorized

In furtherance of the Restoring Internet Freedom Order that was adopted by the Federal Communications Commission (FCC) on December 14, 2017, the Federal Trade Commission (FTC) and FCC have entered into a Memorandum of Understanding (MOU) that lays out how the agencies will coordinate consumer protection efforts and manage enforcement actions. The MOU will take… Continue Reading

Sears Seeks to Modify FTC Order on Online Tracking

Posted in Cybersecurity

In 2009, Sears Holding Management settled with the Federal Trade Commission (FTC) over allegations that the company’s online tracking activity exceeded what they told consumers. Now, Sears has submitted a petition requesting that the FTC reopen and modify its settlement order, arguing that changing technology since 2009 has made the order’s definition of “tracking applications”… Continue Reading

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