After more than five months of silence regarding its choices to lead the U.S. Consumer Product Safety Commission (“CPSC”), the Biden Administration has now unveiled all three of its CPSC nominees in less than two weeks, with its July 13 announcement of President Biden’s intent to nominate Richard Trumka, Jr., currently General Counsel and
FTC Finalizes Made in USA Labeling Rule
Goods advertised as “Made in the USA” (MUSA) are potential money-makers for manufacturers tapping into the market of consumers who seek home-grown products. In recent years, however, the Federal Trade Commission (FTC) has investigated companies that deceptively marketed their goods as American-made, sending out warning letters, closing out investigations of companies that quickly change their
EU Adopts New Standard Contractual Clauses For Transfers of Personal Data
On June 4, 2021, the European Commission adopted a new set of standard contractual clauses (SCCs) governing exchanges of personal data between data controllers and data processors and transfers of personal data from the EU to the U.S. or other countries that are not deemed to ensure adequate protection for personal data. The revised SCCs
White House Names CPSC Chair, Commissioner
After more than five months of eager anticipation, the CPSC community finally knows who will be leading the agency, assuming confirmations go as smoothly as expected. President Biden announced on July 2, 2021 that he will nominate Alexander Hoehn-Saric for Chair and a seat on the Commission. Hoehn-Saric is currently Chief Counsel to the House
CPSC Review Leaves Certification Rules for Children’s Products Unchanged
After completing its review of testing and labeling regulations for children’s products, staff of the Consumer Product Safety Commission (CPSC) recommended leaving the current product testing and component part testing regulations as is. The CPSC carried out this review of the “Testing and Labeling Regulations Pertaining to Product Certification of Children’s Products, Including Reliance on
FTC and FDA Team Up to Halt Fake Fertility Supplements
The Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) recently sent warning letters to five dietary supplement companies– LeRoche Benicoeur/ConceiveEasy; EU Natural Inc.; Fertility Nutraceuticals LLC; SAL NATURE LLC/FertilHerb; and NS Products, Inc. – warning them that advertising their products as treatments that could cure or treat
Addressing Dark Patterns in Online Marketing
The Federal Trade Commission (FTC) has released the final agenda for its first workshop on the use of “dark patterns” online, Bringing Dark Patterns to Light: An FTC Workshop, which will be held virtually on April 29, 2021. The workshop will explore how to define “dark patterns,” their prevalence, possible harms (including to vulnerable
Here’s What’s in the Latest Round of CCPA Regulations
The long trudge towards final regulations implementing the California Consumer Privacy Act (CCPA) continues. In December of last year, the California Attorney General issued a fourth set of proposed regulations. These additions were approved by the California Office of Administrative Law (OAL) on March 15, 2021 and took effect immediately. Here are the key
Virginia Becomes Second State to Pass Comprehensive Privacy Law
As Congress remains locked in a stalemate over the terms of a comprehensive federal privacy law, states continue to forge ahead. Following California, Virginia is the second U.S. state to enact its own comprehensive privacy law governing the collection and use of personal data. Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA)
FTC Orders E-Cigarette Manufacturers to Provide Advertising and Sales Information
The Federal Trade Commission (FTC) has issued orders to five e-cigarette manufacturers (JUUL Labs, Inc., R.J. Reynolds Vapor Company, Fontem US, LLC, Logic Technology Development LLC, and NJOY, LLC) seeking information about the companies’ 2019 and 2020 sales, advertising, and promotions. The FTC sent similar orders to the same companies in October 2019 seeking information