The Bottom Line Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed Continue Reading
OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges
The Bottom Line The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published a new emergency temporary standard (the ETS) regarding COVID-19 on November 5, 2021. This Alert discusses the requirements of the ETS and some of the legal challenges that have led Continue Reading
New Jersey Not All-In on College Sports Betting Yet
The Bottom Line New Jersey bettors will have to wait a little longer before than can place a wager on their hometown college teams as voters rejected a November ballot measure that would have greatly expanded betting on college sports in the state. A Constitutional Concern New Jersey Continue Reading
Heightened California Compliance Obligations for Cosmetic Companies on the Horizon
Bottom Line Companies and individuals who manufacture or market cosmetics in California will soon be subject to heightened reporting obligations under the recently-enacted California Fragrance and Flavor Ingredient Right to Know Act. Regulatory Landscape By way of background, the Continue Reading
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into Continue Reading
California Law Restricts Recyclability Claims
The Bottom Line The recently signed California Senate Bill 343 prohibits use of the “chasing arrows” recyclable symbol, or any other symbol or statement indicating that a product or packaging is recyclable, in California, unless the product is recyclable in accordance with certain Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line The California Attorney General continues to bring enforcement actions relating to the California Consumer Privacy Act (CCPA). While advertisers and marketers have generally focused on CCPA compliance with respect to privacy practices, it is important to highlight a marketing Continue Reading
FTC Sends Notices to Businesses Promoting Money-Making Opportunities
The Bottom Line The Federal Trade Commission (FTC) put more than 1,100 companies offering money-making opportunities on notice that they could incur civil penalties of up to $43,792 per violation for making false and misleading claims regarding potential earnings. This is the latest instance Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line The FTC continues to explore its myriad of enforcement options, most recently by using its Penalty Offense Authority under Section 5 of the Federal Trade Commission Act (FTC Act) to put more than 700 companies on notice that they could incur significant civil penalties (up to Continue Reading
Court Enforces Arbitration Clause in In-Home Services App Agreement
The Bottom Line A federal Court of Appeals has once again affirmed the enforceability of an arbitration clause in a mobile application’s contractual terms. The Boston, Massachusetts appellate court held that an app user who clicked “Accept” on a screen referencing and displaying at least Continue Reading