On May 3, 2023, the U.S. Consumer Product Safety Commission (CPSC) issued a provisional order with a $15.8 million civil penalty against Wisconsin-based Generac Power Systems, Inc. (Generac) over charges that for more than two years, Generac failed to report serious hazards caused by some of its portable generators. According to the CPSC, from October
FTC Cracks Down on Another “Made in USA” Claim
The FTC has said it numerous times: If your products – including their components – are not actually “all or virtually all” made in America, marketers should not label them as “Made in USA (MUSA).” The FTC’s latest enforcement action for false MUSA advertising against North Carolina-based motocross and ATV parts company, Cycra, is a
CPSC Adopts Mandatory Standard to Prevent Furniture Tip-Overs
On April 19, 2023, the U.S Consumer Product Safety Commission (CPSC or Commission) voted to adopt ASTM F2057-23 as a mandatory safety standard to prevent injuries and deaths of children from the tip-over of freestanding clothing storage units (CSUs). The newly adopted standard supersedes a prior CPSC safety standard for CSUs that was due to
FTC to Hold Workshop on “Recyclable” Claims
On December 14, 2022, the Federal Trade Commission (FTC) announced that it would be reviewing its Green Guides for the Use of Environmental Claims (Green Guides) to assess the need for updates and changes to the Guides. First published in 1992, the Green Guides address a number of environmental marketing claims, reflecting the FTC’s interpretation
CPSC Initiates Proposed Rulemaking on Information Disclosure Procedures
On February 8, 2023, a majority of commissioners of the Consumer Product Safety Commission (CPSC or Commission) voted to issue a supplemental notice of proposed rulemaking (SNPR) on the CPSC’s procedures for disclosing information to the public under Section 6(b) of the Consumer Product Safety Act (CPSA). The notice follows the publication of a briefing
FTC Extends Comment Period for Green Guides Update
At the request of multiple stakeholders, the Federal Trade Commission (FTC) announced today that it is giving additional time for the public to weigh in on proposed changes to its Green Guides for the Use of Environmental Claims (Green Guides). The FTC has extended the public comment period for 60 days, now ending on April
NetChoice Challenges Constitutionality of California Age-Appropriate Design Code Act
When the California legislature passed the California Age-Appropriate Design Code Act (CAADCA or Act) AB 2273 in September of this year, it generated considerable controversy. Companies, trade associations, and even some non-governmental organizations questioned whether the law’s broad reach was not just counterproductive and likely to invade consumer privacy, but preempted by federal law and
FTC Starts Long-Awaited Green Guides Review
Update: The formal Federal Register notice was published on December 20, 2022, and comments are due on February 21, 2023.
On December 14, 2022, at an open meeting of the Federal Trade Commission (“FTC” or “Commission”), FTC Commissioners voted unanimously to publish a Notice in the Federal Register announcing a Request for Public Comments on
FTC Proposes Trade Regulation Rule on Deceptive Reviews
Deceptive reviews and endorsements have been an increasing area of scrutiny by the Federal Trade Commission (FTC or Commission). In the last few years, the Commission has brought myriad complaints against companies for engaging in such practices. Last year, the FTC resurrected its long-dormant Penalty Offense Authority, warning more than 700 companies in a
CPSC Adopts New Furniture Tip-Over Rule
On October 19, 2022, the Consumer Product Safety Commission (CPSC or Commission) approved a Final Rule imposing mandatory safety requirements for clothing storage units (CSUs) that will, according to the CPSC, “significantly change the way clothing storage units are tested and labeled” to address furniture tip-over hazards. The rulemaking has been in the works