By Sheila Millar and Nathan Cardon on Posted in Product Safety,RegulationsThe 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 The new draft guidance, titled Guidelines for Determining Age Appropriateness of Toys (Draft 2018 Guidelines), “addresses toys that have come onto the market since the last update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… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Product Safety,RegulationsPresident 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… Continue Reading
By Sheila Millar, JC Walker and Nathan Cardon on Posted in Product Safety,RegulationsHaving 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… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Labeling,RegulationsContinuing Acting Chair Maureen K. Ohlhausen’s regulatory reform agenda, the Federal Trade Commission (FTC) has updated its website at RN.FTC.GOV to allow real-time electronic filings of requests to obtain, update, or cancel registered identification numbers (RN) under the Fur, Textile and Wool Labeling Rules. The new web-based process is intended to streamline applications from businesses… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in RegulationsWhen two celebrity gamers endorsed an online lotto service, they didn’t gamble on the Federal Trade Commission’s (FTC) insistence they tell their fans they actually owned the business they were promoting. Now, Trevor Martin and Thomas Cassell, and their company, CSGO Lotto, Inc., have settled charges of deceptive advertising. This is the first case the… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in RegulationsAs part of Acting Chair Maureen K. Ohlhausen’s regulatory reform initiative, the Federal Trade Commission (FTC) is asking for the public’s input on the Picture Tube, Textile, Energy Labeling, and CAN-SPAM Rules. The comments will inform the Commission’s decision on whether to update these rules. The Textile Rule obliges marketers of textiles to label their goods properly… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Product Safety,RegulationsIn 2015, a group of non-government organizations (NGOs) filed a petition with the U.S. Consumer Product Safety Commission (CPSC), asking CPSC to categorically ban additive organohalogen flame retardants (OFRs) from the market in the U.S. in many significant consumer product categories. OFRs include a very broad set of diverse chemical compounds added to consumer products to… Continue Reading
By Nathan Cardon on Posted in RegulationsIn line with the chairs of other U.S. government agencies and commissions, U.S. Consumer Product Safety Commission (CPSC) Chairman Elliot F. Kaye has resigned his seat as chairman, according to internal sources. Pursuant to the commissioners’ unanimous vote on January 19, 2017, Vice Chair Ann Marie Buerkle assumes the role of Acting Chair until a permanent… Continue Reading
By Sheila Millar, JC Walker and Nathan Cardon on Posted in Product Safety,RegulationsMega-retailer Best Buy agreed to pay $3.8 million to settle allegations that the company distributed and sold recalled products, a violation of the Consumer Product Safety Act (CPSA) after the 2008 amendments. U.S. Consumer Product Safety Commission (CPSC) staff alleged that the retailer sold more than 600 recalled units, including over 400 Canon cameras, to… Continue Reading
By Sheila Millar and Tracy Marshall on Posted in Data Security,Privacy,RegulationsWe have updated our summary of state data breach notification laws in light of recent amendments to some of the laws since our last update in September 2015. Notably, Tennessee amended its data breach notification law, the Identity Theft Deterrence Act, effective July 1, 2016, by eliminating an encryption safe harbor and requiring that affected… Continue Reading
By Sheila Millar and Tracy Marshall on Posted in RegulationsOn June 21, 2016, the Federal Aviation Administration (FAA) released its much-anticipated new Small Unmanned Aircraft System (UAS) Rule (Part 107). Simultaneously with its release, the White House issued a Fact Sheet for the new Rule. The Rule permits the operation of small UAS (an unmanned aircraft weighing less than 55 pounds) in the National… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Legislation,Privacy,RegulationsThe new General Data Protection Regulation (GDPR) (Regulation 2016/69, Apr. 27, 2016), approved by the European Parliament and the Council of the European Union, was formally published in the Official Journal of the European Union on May 4, 2016, and will replace the Data Protection Directive (Directive 95/46/EC) effective May 28, 2018. This new set… Continue Reading
By Peter L. de la Cruz, Sheila Millar, Martha Marrapese and Nathan Cardon on Posted in Product Safety,Regulations,UncategorizedOn April 22, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) added styrene to the Proposition 65 list of carcinogens. OEHHA maintains a list of chemicals required under Proposition 65 (formally, the California Safe Drinking Water and Toxic Enforcement Act) that are “known to the state” to be reproductive toxicants or carcinogens based on… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Privacy,RegulationsAt its Open Meeting yesterday, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that would apply the privacy protections in Section 222 of the Communications Act to broadband Internet Service Providers (ISPs). The text of the NPRM, which reportedly seeks public comment on more than 500 questions relating to privacy and… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Data Security,Privacy,RegulationsOn the heels of the Open Internet Order adopted by the Federal Communications Commission (FCC) last year, FCC Chairman Tom Wheeler has circulated a Notice of Proposed Rulemaking (NPRM) to fellow Commissioners that would apply the privacy protections of the Communications Act to broadband Internet access services. Wheeler’s proposal will be voted on at the… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Advertising,Labeling,RegulationsThe Federal Trade Commission (FTC or Commission) announced that it will extend the period for the public to comment on its proposed update to the Guides for the Jewelry, Precious Metals, and Pewter Industries (the Jewelry Guides, published in 16 C.F.R. Part 23). Comments are now due June 3, 2016, instead of April 4, 2016.… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Privacy,RegulationsOn March 7, 2016, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a Consent Decree with Verizon Wireless relating to the company’s use of Unique Identifier Headers (UIDH) for targeted advertising purposes. UIDH are commonly referred to as “supercookies” because they cannot be deleted. This concludes the FCC’s investigation into whether Verizon… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Advertising,Litigation,RegulationsThe Supreme Court yesterday denied an attempt by a defendant to moot a class action under the Telephone Consumer Protection Act (TCPA), 48 Stat. 1064, Pub. L. 102–243 (Dec. 20, 1991) (codified at 47 U.S.C. § 227), on the basis of an unaccepted settlement offer to the named plaintiff. The case, Campbell-Ewald Co. v. Gomez,… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Product Safety,RegulationsMembers of the U.S. Consumer Product Safety Commission (CPSC) are set to vote on a final rule to allow the staff not only to participate on the committees that develop voluntary standards, but to vote as members of the committees and even lead them (provided the Executive Director gives prior approval). If the Commission approves… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Product Safety,RegulationsThe Vermont Department of Health won approval for its new, burdensome children’s product green chemistry reporting program from the state’s Legislative Committee on Administrative Rules on November 19, 2015. The final version of the Toxic Substances in Children’s Products Rule took effect on December 10, 2015, and follows from the state’s 2014 green chemistry bill,… Continue Reading
By Sheila Millar and Nathan Cardon on Posted in Product Safety,RegulationsThe Vermont Department of Health has released the final proposed version of its Toxic Substances in Children’s Products Rule (although it is not yet available on the Department’s website) adopted under state’s 2014 green chemistry law, Act 188. The rule, largely unchanged from the proposal, is now scheduled to go before the state’s Legislative Committee… Continue Reading
By Sheila Millar and Peter L. de la Cruz on Posted in Antitrust,RegulationsIn a 4–1 vote, the Federal Trade Commission (FTC) has issued its long-awaited Statement of Enforcement Principles outlining the Commission’s approach to “unfair methods of competition” prohibited by Section 5 of the Federal Trade Commission Act (FTCA) but not necessarily by the Sherman or Clayton Act. The statement is brief, and those awaiting the type… Continue Reading
By Sheila Millar, Tracy Marshall and Nathan Cardon on Posted in Privacy,RegulationsOn April 23, 2015, the Federal Trade Commission (FTC) announced that retail tracking company Nomi Technologies has agreed to settle FTC charges that it misled consumers. The FTC alleged that the company, which develops technology to allow retailers to track consumers’ movements through their stores, misled consumers by failing to uphold promises to provide a mechanism… Continue Reading
The new General Data Protection Regulation (GDPR) (Regulation 2016/69, Apr. 27, 2016), approved by the European Parliament and the Council of the European Union, was formally published in the Official Journal of the European Union on May 4, 2016, and will replace the Data Protection Directive (Directive 95/46/EC) effective May 28, 2018. This new set… Continue Reading