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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, Google and its subsidiary YouTube agreed to pay $30 million to settle a class action lawsuit claiming that YouTube collected personal information of children under age 13 for targeted advertising without parental consent, in violation of state privacy laws and the Children’s Online Privacy Protection Act (COPPA). A few weeks later, Disney agreed to pay $10 million to settle Department of Justice (DOJ) and Federal Trade Commission (FTC) allegations that videos the company uploaded to YouTube were not properly marked as “Made for Kids” and the company allowed personal information to be collected from children who viewed videos without notifying parents or obtaining consent, as required by the COPPA Rule. Disney now faces a separate class action lawsuit.

Read the full article here.

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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 order reinstating a fired commissioner without addressing the merits of the pending appeal.

Read the full article here.

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It has been a turbulent time at the Consumer Product Safety Commission (CPSC or Commission), with several months of legal battles over President Trump’s termination, without cause, of the three Democratic commissioners, Alexander Hoehn-Saric, Mary Boyle, and Richard Trumka. As we previously discussed here, the commissioners were fired in May 2025 and then reinstated by a federal district court in June 2025. The Fourth Circuit upheld that decision, but the Supreme Court reversed, sending the matter back to the Fourth Circuit in July 2025, where the issue of the president’s authority to fire the CPSC commissioners without cause is still being litigated. Now, with the resignation of Republican Commissioner Douglas Dziak, only one commissioner remains: Acting Chairman Peter Feldman, also a Republican. How will the Commission operate now?

Read the full article here.

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 marketers interested in making environmental claims practical guidance on meeting advertising rules of the road.

ICC is in the final stages of the latest update to the Environmental Framework, which includes a dedicated Environmental Claims Checklist to support day-to-day implementation by marketers and provides guidance on both general and a number of specific claims, like “recyclable,” “compostable,” “free-of” and emerging terms, including “net-zero,” “climate positive,” “carbon neutral,” “micro-plastics free,” “not made with fossil fuels,” and more.

Partner Sheila A. Millar, who chairs the ICC Marketing and Advertising Commission’s Working Group on Sustainability, the committee responsible for the Environmental Framework, will be a featured speaker at a launch event for the updated ICC Environmental Framework. The session will be held during Climate Week on September 22 from 9 a.m. – 11 a.m. ET at Frankfurt Kurnit’s office in New York.

For more information or to register, click here.

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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 or Commission) long investigation into the marketing practices of Match Group (Match), owners of Match.com and other online data services, ultimately ended with a settlement announced on August 12, 2025. Match agreed to pay a $14 million civil penalty to settle charges that the dating service violated the FTC Act and Restore Online Shoppers’ Confidence Act (ROSCA).

The FTC initially announced an investigation of Match’s marketing practices in 2019, filing suit in a U.S. district court in Texas alleging that the company engaged in five separate deceptive practices:

  • Sending consumers misleading advertisements from fraudulent sources while making it seem that the communications were from potential dates.
  • Exposing consumers to the risk of fraud by providing recent subscribers access to communications that the company knew were likely fraudulent.
  • Guaranteeing users a free six-month subscription renewal if they fail to “meet someone special” without making clear the onerous requirements of its “guarantee.”
  • Imposing a byzantine and confusing cancellation process that misled subscribers into thinking they had cancelled when they had not.
  • Blocking the user profiles of subscribers who disputed billing charges.

In addition to the fine, the proposed order requires Match to simplify its cancellation process, refrain from blocking or otherwise retaliating against users who dispute the company’s billing practices, and clearly and conspicuously disclose the material terms of any guarantees.

The obligations under the proposed order will remain in place for 10 years, a change from the historic practice of mandating a 20 year term. More recent FTC orders refer to a 10-year period, which may reflect recognition of longstanding business concerns that a 20-year term is unreasonable given fast-paced market changes.

The Commission vote approving the proposed order was 3-0. Ultimately this action, like so many other enforcement actions by the FTC, is a reminder of essential marketing 101 principles: be fair and truthful with consumers and build your brand by building trust.

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The U.S. Supreme Court gave a strong signal that it will likely overturn Humphrey’s Executor v. United States, a 90-year-old case which held that Congress may restrict the President’s authority to terminate officials at independent federal agencies without cause.

Read the full article here.

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On July 20, 2025, the public comment period will close on Washington state’s most recent round of proposed regulations affecting 12 categories of “consumer products” with intentionally added per- and polyfluoroalkyl substances (PFAS). If the proposed regulations are adopted, the manufacture, sale, or distribution of three categories of products— “apparel and accessories,” “cleaning products,” and “automotive washes” —would be barred in Washington state beginning January 1, 2027, if they contain intentionally added PFAS. The sales and distribution restriction would not apply to products manufactured before January 1, 2027. Meanwhile, beginning January 31, 2027, reporting would be required for the following nine product categories if they contain intentionally added PFAS and are manufactured after 2025: “apparel intended for extreme and extended use,” footwear, “gear for recreation and travel,” automotive waxes, cookware and kitchen supplies, firefighting personal protective equipment, floor waxes and polishes, hard surface sealers, and ski waxes.

Read the full article here.

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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.

Read the full article here.

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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 Rule (MUSA Labeling Rule). Significantly, the FTC also sent letters to Amazon and Walmart regarding allegedly deceptive MUSA claims made by third-party sellers on the two companies’ e-commerce websites. The FTC notices could signal a potential expansion of the compliance requirements imposed on online marketplaces for MUSA claims made by third-party sellers, with implications for all types of advertising claims appearing in listings developed by third-party sellers online and possibly at brick-and-mortar retailers.

Read the full article here.

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In an important development since our June 24, 2025 article, on July 1, 2025, the Fourth Circuit Court of Appeals denied the Trump administration’s motion to stay a district court’s decision reinstating three Democratic commissioners to the Consumer Product Safety Commission (CPSC). Immediately after the Fourth Circuit’s decision, the Department of Justice (DOJ) submitted an emergency appeal to the U.S. Supreme Court, asking the highest court to issue a stay of the district court’s order and once again remove the commissioners while the Fourth Circuit considers the merits of the Administration’s appeal, a process that could take many months. The Administration also asks the Supreme Court to construe its application as a petition for a writ of certiorari before judgment to address 1) the constitutional question of the President’s removal authority, and 2) whether the district court exceeded its authority by ordering the three terminated commissioners to be reinstated.

The ultimate Supreme Court decision should address the larger constitutional issue of the President’s authority to fire officers of independent federal agencies who statutorily can only be terminated for cause. Read the full article here.