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Keller and Heckman LLP

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Tag Archives: California

23 California DAs Obtain $1.5 Million Settlement for Deceptive Biodegradable Claims

By Sheila Millar and JC Walker on Posted in Litigation
Environmentally conscious consumers often look for products advertised as “green.” But labeling plastic products as “biodegradable” may land you on the legal compost heap if you can’t meet federal and state regulations governing green marketing. Amazon was just the latest company to find itself in the crosshairs when 23 California district attorneys charged that it… Continue Reading

California Company Settles with FTC over Alleged Privacy Shield Misrepresentations

By Sheila Millar and Tracy Marshall on Posted in Data Security, Privacy
If a company claims to be certified under the EU-U.S. Privacy Shield framework when it hasn’t even completed the paperwork, the Federal Trade Commission (FTC) isn’t likely to let it slide. ReadyTech, a California-based online training services company, made such a claim on its website, in violation of the FTC Act’s prohibition against deceptive acts… Continue Reading

California Department of Toxic Substances Control Releases Draft Alternatives Analysis Guide

By Sheila Millar on Posted in Product Safety
On December 12, 2016, the California Department of Toxic Substances Control (DTSC) released a draft Alternatives Analysis (AA) Guide under the state’s green chemistry program, Safer Consumer Products (SCP). Under the SCP program, product designers and manufacturers are encouraged to reduce or eliminate the use of certain targeted chemicals in their products, and the Guide… Continue Reading

California Adds Styrene to Proposition 65 List; Proposes NSRL

By Peter L. de la Cruz and Sheila Millar on Posted in Product Safety, Regulations, Uncategorized
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… Continue Reading

California Federal Judge Rejects Apparel Company’s Motion to Dismiss “Made in America” Suit Under California Law

By Sheila Millar and JC Walker on Posted in Advertising, Labeling, Regulations
A California federal court this month ruled against defendants’ attempt to rely on a federal law requiring U.S.-origin claims on textile fabric products to displace a California statute with more stringent requirements about “Made in the USA” labels.  The ruling allows a class action suit to proceed, lowering the hopes of retailers and manufacturers that have found compliance… Continue Reading

Data Breaches: Not Just for States and the FTC Anymore

By Tracy Marshall and Sheila Millar on Posted in Cybersecurity, Data Security, Privacy
The Federal Communications Commission (FCC) announced today that AT&T Services, Inc., will pay $25 million to resolve an investigation into whether the company violated Sections 201(b) and 222 of the Communications Act relating to consumer privacy at AT&T call centers in Mexico, Colombia, and the Philippines. According to the FCC’s order and consent decree, call… Continue Reading

Perception of Deception

By Sheila Millar on Posted in Advertising, Labeling
In the advertising world, we know that deception lies in the eyes of the beholder.  Agencies like the Federal Trade Commission (FTC), or self-regulatory bodies like the National Advertising Division (NAD), legally stand in the shoes of the consumer, in the absence of consumer perception studies.  In private litigation, however, the question of consumer perception… Continue Reading
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