On November 13, 2023, the Federal Trade Commission (FTC or Commission) sent warning letters to the American Beverage Association (AmeriBev), The Canadian Sugar Institute, and a dozen dietitians and influencers promoting the safety of artificial sweetener aspartame or the consumption of sugar-containing products on TikTok and Instagram. The letters allege that the dieticians and
Youth Online Safety in the Crosshairs with NTIA Comment Request and Joint AG Meta Complaint
Children’s and teen’s online privacy and safety – particularly their mental health – continues to be an area of intense scrutiny for lawmakers, regulators, and enforcers. Last May, the Biden administration announced the creation of a new task force focused on the safety, privacy, and wellbeing of children online, linked to an Advisory on Social
PFAS in Consumer Products: CPSC Requests Input
Joining a growing number of state and federal agencies, the U.S. Consumer Product Safety Commission (CPSC or Commission) is seeking information on uses of per- and polyfluoroalkyl substances (PFAS) in consumer products. In addition to work it began last year with ASTM International on consumer product standards related to PFAS, the CPSC released a white
California’s AB1305: New Carbon Offset Disclosure Requirements
California Governor Gavin Newsom recently signed into law AB1305, another in the line of bills that reflect California’s efforts to tackle climate change. AB1305 amends California’s Health and Safety Code to require certain disclosures from companies that affect claims such as carbon neutral, net zero, and the like, in reliance on voluntary carbon offsets (VCOs).
FTC Proposes New Rule Targeting “Junk Fees”
“Service fees.” “Convenience fees.” Whatever a business calls them, consumers don’t like them, and neither does President Biden. The President has repeatedly pledged to end the practice of imposing what he calls “junk fees.” The Federal Trade Commission (FTC) has now issued a new proposed rule (proposed Rule) requiring more transparency in imposition of these
CA Court Blocks Enforcement of Controversial Children’s Online Privacy Law
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
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