The Bottom Line Courts will look to product packaging and advertising as a whole when evaluating whether those materials can support a false advertising or deceptive trade practices claim, unless the package or advertisement includes a prominent statement or description that is unambiguously Continue Reading
OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges
The Bottom Line Employers with 100 or more employees should become familiarized with the OSHA ETS in the event the ETS is upheld following the resolution of numerous legal challenges.The ETS requires employers to implement and distribute a written policy to employees covering mandatory Continue Reading
New Jersey Not All-In on College Sports Betting Yet
The Bottom Line The rejection of the New Jersey ballot measure expanding college sports betting is a temporary setback to unrestricted sports gaming in the state.Yet, the rejection reflects lingering concerns about the potential corruption of college athletes and highlights the different Continue Reading
Heightened California Compliance Obligations for Cosmetic Companies on the Horizon
Bottom Line In 2022, cosmetic companies in California will be subject to heightened reporting obligations under the California Fragrance and Flavor Ingredient Right to Know Act.Keep in mind that federal law prohibits the marketing of adulterated or misbranded cosmetics in interstate commerce, and Continue Reading
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line Negative option sellers should review their practices (including website flows, consent disclosures, and cancellation methods) to ensure compliance with this updated guidance.Most importantly, companies should determine whether the consumer consent being obtained is consistent Continue Reading
California Law Restricts Recyclability Claims
The Bottom Line By 2024, California’s new recyclability standard will impose heightened restrictions on companies making recyclability claims. Similar proposals have also been introduced in several other states. The FTC has indicated that it will initiate a review of the Green Guides in Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line Promotional practices, such as loyalty and reward programs, have unique disclosure obligations under the CCPA.With enforcement actions ramping up in California, and new privacy laws on the horizon, it is important for companies to have all of their marketing practices reviewed in Continue Reading
FTC Sends Notices to Businesses Promoting Money-Making Opportunities
The Bottom Line The FTC has issued three rounds of Notices of Penalty Offenses this month – a sharp shift for an enforcement power that was largely abandoned in the 1980’s.As the FTC continues to explore its enforcement options in the wake of the Supreme Court’s decision in AMG Capital Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line As the FTC continues to explore its broader enforcement agenda, brands and marketers should ensure that their practices are lawful. While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a review of their Continue Reading
Court Enforces Arbitration Clause in In-Home Services App Agreement
The Bottom Line The First Circuit’s Emmanuel decision reaffirms yet again the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps.Terms must be presented in a clear and conspicuous manner to give users reasonable notice of Continue Reading