State legislatures have continued to enact privacy laws aimed at protecting kids and teens despite significant—and often successful—legal challenges that largely focus on First Amendment flaws. Some laws have recently gone into effect, or will become effective soon, while others are not slated to take effect until 2027. The Children’s Online Privacy Protection Act (COPPA)
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Trump Nominates New CPSC Commissioner
On October 2, 2025, after the federal government shut down, the Senate received President Trump’s nomination for a new commissioner at the Consumer Product Safety Commission (CPSC or Commission)—William “Billy” Hewes III, former mayor of Gulfport, Mississippi. This recent nomination came as a surprise, since for the last few months, it was not clear if…
Amazon to Pay Record $2.5 Billion to Settle FTC Claims of Deceptive Prime Membership Signup and Cancellation Practices
Businesses making negative option or auto-renewal subscription offers, beware: Federal Trade Commission (FTC or Commission) enforcement is alive and well in 2025. Although the U.S. Court of Appeals for the Eighth Circuit struck down the FTC’s much-criticized Biden-era “click to cancel” rule earlier this summer, on September 25, 2025 the FTC announced that Amazon.com, Inc.
UPDATE: Supreme Court to Revisit Humphrey’s Executor in December; Reinstatement of Former FTC Commissioner Slaughter Stayed Pending the Supreme Court’s Review
The latest development in the ongoing legal saga regarding the scope of presidential authority to fire officials at various independent federal agencies occurred on September 22, 2025, when the Supreme Court of the United States (SCOTUS or the Court) granted a stay of the reinstatement of Rebecca Slaughter, a former commissioner at the Federal Trade…
Google Settles Children’s Privacy Class Action Lawsuit; Disney Settles DOJ Lawsuit and Faces Class Action
Google and two Disney companies recently settled lawsuits alleging that the companies violated children’s privacy laws, once again demonstrating a heightened interest in protecting children online and putting content creators and channel owners on notice that they will be subject to strict liability for violations of federal and state privacy laws. On August 18, 2025…
SCOTUS Stays Federal Appeals Court Order Reinstating Fired FTC Commissioner; Fourth Circuit Oral Argument on CPSC Firings Tentatively Scheduled
On September 8, 2025, once again, the question of the President’s authority to terminate, without cause, commissioners of independent agencies, was examined in federal court and appealed to the Supreme Court, and once again, the Supreme Court of the United States (SCOTUS) overruled the court of appeals and granted a temporary stay of that court’s…
Sheila A. Millar to Help Launch Updated ICC Environmental Framework Guidelines
Environmental claims remain a hot topic for global marketers and changing rules around the world create new challenges as marketers strive to inform consumers and business customers about their products. The International Chamber of Commerce (ICC) Framework for Responsible Environmental Marketing Communications (Environmental Framework), first published in 2008, and most recently updated in 2021, offers…
Match Group Fined $14 Million by FTC Over Allegations of Deceptive Practices
Internet dating apps, whose revenue is derived largely from subscription sales, have been the subject of concerns about marketing practices, including allegations that they used “fake” love interest ads to attract users and left customers vulnerable to scams, failed to make terms of service clear, and adopted onerous cancellation procedures. The Federal Trade Commission’s (FTC…
Eighth Circuit Court of Appeals Strikes Down FTC’s Click-to-Cancel Rule
While the Eighth Circuit struck down the Federal Trade Commission’s (FTC) Click-to-Cancel rule on July 8, 2025, businesses should recognize that the FTC, in addition to state Attorneys General, has various tools in its arsenal to address false, deceptive, or unfair practices, and negative option sales and auto-renewals are still regulated by states.
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FTC Issues Warning Letters to Businesses and Platforms After Designating July “Made in the USA” Month
On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “‘Made in the USA’ Month,” and reiterated the Commission’s commitment to cracking down on deceptive MUSA claims. The FTC quickly followed this announcement on July 8 by sending warning letters to four companies, reminding them to comply with FTC’s 2021 Made in USA Labeling…