Keller and Heckman Partner Sheila Millar and Counsel Antonia Stamenova-Dancheva authored the Washington Legal Foundation (WLF) Working Paper, “Passing the Buck on Recycling: Textiles as a Case Study of State EPR Laws.” The article reviews international and domestic concerns over textile waste, provides an overview of California’s Responsible Textile Recovery Act of 2024 (RTRA), and
Regulations
EDPB ePrivacy Guidelines: Comments Highlighting Risks to Businesses with Digital Activities

Keller and Heckman has submitted comments to the European Data Protection Board (EDPB) in the context of a public consultation on their draft guidelines 2/2023 on the Technical Scope of Art. 5(3) of ePrivacy Directive, on behalf of various organisations that wished to contribute in a meaningful manner without drawing attention to their identity.…
AI Regulation: The Next Frontier



As the federal government continues to wrestle with the complex issue of regulating Artificial Intelligence (AI) in the wake of the release of President Biden’s Executive Order, states have already proposed or enacted AI regulation, and even more will attempt to tackle the issue in 2024. Two recent developments in AI regulation from California…
Health Canada Steps Up CCCR Labeling Recalls



Manufacturers and distributors of household cleaners and similar chemically-based consumer products sold in Canada should be aware of an uptick in recalls by Health Canada for violations of the labeling requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR) under the Canada Consumer Product Safety Act (CCPSA). The CCCR establishes detailed product classification criteria…
Why every company with digital activities should comment on the EDPB’s new ePrivacy guidelines

So much for tackling consent fatigue. The short version: If unchanged, the new EDPB guidelines on what is known as the “cookie” rule would extend that rule to cover nearly every communication over the Internet and any use of software on a computer. Your business is probably more impacted than you might think, and it…
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…
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…
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…
The FTC Notices on Claim Substantiation: A Reminder of a Nearly 15-Year-Old Trend

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…