When 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
Regulations
Regulatory Reforms Afoot at the FTC: Now’s Your Chance to Weigh in


As 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
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CPSC Staff Recommends Rejecting Organohalogen Petition

In 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…
Elliot Kaye Steps Down as CPSC Chair

In 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…
Best Buy Agrees to Pay $3.8 Million for Selling Recalled Products


Mega-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…
State Data Breach Notification Laws – Overview of Requirements for Responding to a Data Breach (Updated June 2016)


We 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…
FAA Paves the Way for More Ubiquitous Use of Drones


On 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…

GDPR Publication Starts Countdown to May 2018 Compliance Date for New Privacy Rules


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…
California Adds Styrene to Proposition 65 List; Proposes NSRL


On 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…
FCC Adopts Broadband Privacy NPRM


At 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…