Ad Law Access

Ad Law Access

Updates on consumer protection trends, issues, & developments

Monthly Archives: June 2011

Data Security and Data Breach Notification Bills Circulating in Congress

Posted in Privacy and Information Security
In early June, a slew of new bills began circulating in Congress that, if enacted, would impose uniform national data security and data breach notification requirements on entities that collect sensitive personal information. On June 7, 2011, Sen. Patrick Leahy (D-VT) introduced the Personal Data Privacy and Security Act (S. 1151), which was followed on… Continue Reading

Non-Profit Sues 34 Sellers of “Organic” Cosmetics

Posted in Advertising, Food and Drug
Last week, the Center for Environmental Health, a non-profit organization, filed a complaint in California Superior Court alleging that 34 cosmetics companies violated the California Organic Products Act of 2003 (“COPA”) by selling, labeling, or marketing cosmetic products containing less than 70% organic ingredients as “organic.” The Center seeks an order enjoining the defendants from… Continue Reading

New Rhode Island Law Prohibits Businesses from Requesting Social Security Number Information

Posted in Privacy and Information Security
Last week, Rhode Island enacted a new law that prohibits businesses from requesting any part of a customer’s social security number during a sales transaction. Section 6-13-17 of the Rhode Island Consumer Empowerment and Identity Theft Prevention Act, which became effective immediately, modifies a previous state law provision that permitted businesses to request a portion… Continue Reading

Health Canada Issues Guidance Clarifying Canada Consumer Product Safety Act Requirements

Posted in Consumer Product Safety
On June 20, 2011, the Canada Consumer Product Safety Act (“CCPSA”) became effective, imposing incident reporting, testing, recall, and recordkeeping requirements on entities that manufacture, import, or sell consumer products in Canada. As previously noted, many of Canada’s new requirements may be more stringent than current U.S. consumer product safety laws, especially with regard to… Continue Reading

Sens. Hatch and Harkin Send Letter to FDA in Anticipation of NDI Guidance

Posted in Food and Drug
Senators Hatch and Harkin, the principle architects of the Dietary Supplements Health and Education Act (DSHEA) (amending the Federal Food Drug and Cosmetic Act (FDCA)), submitted a letter yesterday to FDA Commissioner Margaret Hamburg "exress[ing] their support for the upcoming new dietary ingredients (NDI) guidance." The Senators stated that the guidance should reflect the intent… Continue Reading

Flood of Geolocational Privacy Legislation Introduced in June

Posted in Mobile Marketing, Privacy and Information Security
June has seen a flood of activity on Capitol Hill seeking to protect consumer geolocational privacy. Within a few days of one another, three bills were introduced that, if enacted, would require consumer consent before geolocation information attained through mobile devices can be collected, used or disclosed to third parties. On June 14, 2011, Rep.… Continue Reading

FTC Sues Infomercial Company and Settles with Consumer Over False Testimonial

Posted in Advertising, Federal Trade Commission
Last week, the FTC and the Colorado Attorney General filed a lawsuit against a company that sells a wealth-building program through infomercials. The infomercials included various claims that consumers could make large amounts of money by using the company’s program, as well as testimonials from consumers who purportedly made money through the program. Fine print… Continue Reading

Privacy Point-of-Sale Alert: Massachusetts Class Action Argues that Zip Codes Are PII

Posted in Privacy and Information Security
Last month, a class action lawsuit was filed against Michael Stores, Inc., accusing the arts and crafts retailer of violating a Massachusetts consumer protection statute when it collects and records zip codes during consumer credit card transactions. The lawsuit, Tyler v. Michaels Stores, Inc. filed in Massachusetts District Court, comes several months after the California… Continue Reading

Sony and Epsilon on the ‘Hot Seat': House Commerce Subcommittee Investigates ‘Historic’ Data Breaches

Posted in Privacy and Information Security
On June 2, 2011, the House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade held a hearing examining threats posed to data security and the much publicized data breaches at Sony and Epsilon. The hearing, “Sony and Epsilon: Lessons for Data Security Legislation” focused on the recent Epsilon and Sony data breaches and the… Continue Reading