Late last week, the Federal Trade Commission (FTC) announced that it had sent a “Notice of Penalty Offenses” on claim substantiation to around 670 companies. While this notice tactic is not a new tool, it has been reinvigorated following the 2021 Supreme Court decision in AMG Cap. Mgmt., which led to the FTC losing its
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
California Begins Formal Rulemaking on Changes to its Recycling and Disposal System
On January 27, 2023, CalRecycle, the California agency that oversees the state’s waste management, recycling, and waste reduction programs, published a Notice of Proposed Rulemaking regarding amendments to the Recycling and Disposal Reporting System (RDRS). The proposed regulations are intended to update the state’s RDRS to better comply with various state recycling and disposal laws
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
EU Cyber Resilience Act: Cybersecurity Obligations for Connectable Hardware and Software Products Including IoT
The Internet of Things (IoT) segment has grown, and with it have come many examples of vulnerable products, from babycams whose feeds could be viewed by strangers online to hackable implantable cardiac devices. There are also infamous examples of botnets (i.e., clusters of hacked devices) featuring millions of IoT devices with one common trait: weak
Meet DeFine, a GDPR Fine Calculator
On May 12, 2022, the European Data Protection Board published guidelines with a methodology for calculating fines for violations of the General Data Protection Regulation (GDPR). These guidelines were subject to a public consultation until June 27, 2022.
Because these guidelines are likely to have an influence on future decisions by data protection authorities in
FTC Brings First MUSA Rule Complaint Against Battery Manufacturer
In a complaint dated April 12, 2022, the Federal Trade Commission (FTC) brought its first action under the new Made in USA Labeling Rule (the Rule) against Lithionics Battery LLC (Lithionics) and its owner, Steven Tartaglia, for falsely advertising Lithionics’ lithium-ion batteries as USA-made.
According to the FTC’s complaint, from at least 2018 until at
CPSC Releases Revised Draft Age Appropriate Guidelines for Consumer Products
The U.S. Consumer Product Safety Commission (CPSC) announced potential changes to its 2002 Age Determination Guidelines Relating Children’s Ages to Toy Characteristics and Play Behavior (2002 Guidelines). The new draft guidance, titled Guidelines for Determining Age Appropriateness of Toys (Draft 2018 Guidelines), “addresses toys that have come onto the market since the last update and
CPSC Nominations Update
President Trump resubmitted the nominations of Ann Marie Buerkle as chair and a second term as commissioner, and Dana Baiocco as commissioner (replacing Marietta Robinson (D)) of the Consumer Product Safety Commission (CPSC). The Senate received the nominations on January 8, 2018.
On December 21, 2017, the United States Senate returned some 120 nominations to
Trump Administration Sets Stage for Republican Majority at CPSC
Having previously nominated Acting Chairman Ann Marie Buerkle to serve as the permanent chair, and with Senate Commerce Committee hearings held on her confirmation on September 27, 2017, President Trump has nominated lawyer Dana Baiocco to serve a commissioner on the U.S. Consumer Product Safety Commission (CPSC). Baiocco would serve for a standard 7-year term