The Bottom Line The proposed Regulations include many changes and clarifications to aspects of the CPRA, including, but not limited to: the selling or sharing of consumer personal information to third parties; consumer notice and privacy policy requirements; recognition of opt-out preference Continue Reading
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line The Federal Trade Commission (FTC) is seeking public comment on proposed updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). The FTC proposed a number of revisions. Some of these revisions are simply Continue Reading
Connecticut Becomes Fifth State To Pass Comprehensive State Privacy Law
The Bottom Line Connecticut is the fifth state to enact a comprehensive consumer privacy law, but it certainly will not be the last.This new law adopts many themes from previous state laws, but as we are seeing, these laws all have unique aspects and are not identical to one another. As a result, Continue Reading
Don’t Be Bamboozled by Environmental Benefit Claims
$5.5 Million FTC Settlements for Bamboo Textile and Environmental Benefit Claims Under Penalty Offense Authority The Bottom Line These settlements illustrate how the FTC intends to use its Penalty Offense Authority. Sellers of “bamboo” textile products should review product claims, and ensure Continue Reading
New York Employers Required To Notify Employees of Electronic Monitoring
The Bottom Line New York employers should review the scope of their electronic monitoring and determine which monitoring processes and activities could be covered by the new legislation.Starting May 7, 2022, employers that monitor or otherwise intercept employee phone, email and/or internet usage Continue Reading
Utah Consumer Privacy Act Joins the Growing List of Comprehensive State Privacy Laws
The Bottom Line In the absence of a new comprehensive consumer privacy law on the federal level, states continue to propose their own laws.Utah has become the fourth state in the United States to enact such a law.There are similarities, but some differences, with the new laws in California, Continue Reading
What To Consider When Launching a Cause Marketing Campaign
The Bottom Line Cause marketing campaigns are an excellent way to leverage a brand’s marketing infrastructure to make a difference in the world, especially when the campaigns benefit a cause as closely followed as the humanitarian crisis in Ukraine. By following all appropriate laws and best Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
2023 Update Excited for the 95th Academy Awards? We are too! The Academy released updated brand guidelines with the same rules and restrictions as last year, except that brands are also permitted to use #Oscars95 in their social rollouts. Once again, brands do not need to be affiliated with or Continue Reading
Key 2022 Updates for Health and Welfare Plans
The Bottom Line Employers should carefully review and prepare for 2022 compliance modifications and new requirements, and should monitor future developments. In particular, the IRS may start more aggressively pursuing ACA penalties and taxes against employers if the good faith transitional Continue Reading
Social Media’s Potential Harms Continue To Be In the Spotlight
The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading