On September 18, 2023, the United States District Court for the Northern District of California granted a preliminary injunction to NetChoice, a tech umbrella group, against California Attorney General Rob Bonta from enforcing the California Age-Appropriate Design Code Act (CAADCA). The court found the CAADCA, which was slated to take effect on July 1, 2024

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.
SEC Finalizes New Data Breach Reporting Rule; NIST Releases Cybersecurity Framework 2.0
How should companies respond to and report data security breaches nationally? What cybersecurity practices and procedures reflect current best practices? Two federal agency actions provide new rules and guidance and show that the cybersecurity landscape is changing. First, the U.S. Securities and Exchange Commission (SEC) adopted new rules earlier this month that will (among other…
Ninth Circuit Affirms State Privacy Law Claims Not Preempted by COPPA
On July 13, 2023, a three-judge Ninth Circuit panel denied Google’s challenge of its earlier decision in Jones v. Google, which held that state privacy law claims in a putative class action are not preempted by the federal Children’s Online Privacy Protection Act (COPPA). The December decision reversed a lower court’s dismissal of the…
FTC Seeks Comments on Proposed Facial Age Mechanism under COPPA
The Children’s Online Privacy Protection Act Rule (COPPA Rule) requires that online sites and services directed to children under 13 obtain parental consent before collecting or using children’s personal information and lists existing methods for such consent. Now the Federal Trade Commission (FTC) is seeking comments on whether it should expand its parental consent methods…
EU Seeks Input on Proposed Digital Product Passport Framework
On March 30, 2022, the European Commission (EC) unveiled a proposal for a framework eco-design regulation aimed at creating a policy framework for sustainable products. Among the tools proposed by the EC is the EU Digital Product Passport (DPP), a product-specific data set that would apply nearly to all non-food products sold in the EU…
FTC Publishes Updated Endorsement Guides
After an extended public comment period, the Federal Trade Commission (FTC) adopted revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides) on June 29, 2023. As we previously posted, the FTC voted to publish proposed revisions for public comment in May 2022. The updated Endorsement Guides and companion FAQs, which…
FTC Hosts Workshop on Recyclable Claims
On May 23, 2023, the U.S. Federal Trade Commission (FTC) held a public workshop to examine recyclable claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop was split into three panels, discussing current trends, consumer perception, and potential updates to the Commission’s current guidance…
Generac to Pay $15.8 Million Civil Penalty for Failure to Immediately Report Portable Generator Hazards
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…