Monthly Archives: February 2011

Possible Amendments to the CPSIA?

Last Thursday, Republican and Democrat members of the U.S. House of Representatives expressed some desire to modify the Consumer Product Safety Improvement Act ("CPSIA"). The House Committee on Energy and Commerce, Subcommittee on Commerce, Manufacturing, and Trade, which is now chaired by Rep. Mary Bono Mack (R-CA), held its first hearing and heard from CPSC … Continue Reading

Rep. Speier Introduces ‘Do Not Track’ Online Privacy Legislation

On February 11, 2011, Rep. Jackie Speier (D-CA) introduced “Do Not Track” legislation that would provide consumers with the ability to opt out of having their personal information tracked by online advertisers. If passed, the Do Not Track Me Online Act (H.R. 654) would direct the Federal Trade Commission (“FTC”) to promulgate regulations to establish … Continue Reading

Recent Lawsuits Allege Groupon and LivingSocial Violate Gift Certificate Laws

Last month, consumers filed a class action lawsuit against Groupon, alleging that the company’s deals violate California and federal gift certificate laws. This month, a similar lawsuit was filed against LivingSocial, alleging that the company’s deals violate Washington and federal gift certificate laws. Approximately half the states have laws that either restrict or prohibit expiration … Continue Reading

FDA Warning Letter Cites FTC Act and Further Confirms Cooperation Between Agencies

On February 1, 2011, the Food and Drug Administration (FDA) issued a warning letter to dietary supplement maker Tennessee Scientific, Inc., relating to a number of product claims on the company’s website. The letter states that the products are unapproved drugs and that the claims are unauthorized disease claims. The claims at issue involve treatment … Continue Reading

California Supreme Court Holds Zip Code is PII under Song-Beverly Act

 This post was written by Dana B. Rosenfeld, Alysa Z. Hutnik, and Christopher M. Loeffler. On February 10, 2011, the California Supreme Court released its decision in Pineda v. Williams-Sonoma Stores, Inc., holding that zip code information is personal identification information ("PII") under the Song-Beverly Credit Card Act (the "Song-Beverly Act") The court’s decision restricts … Continue Reading

2011 Likely to See a Greater Focus on Mobile Privacy Issues

In recent years, companies have gotten in trouble for failing to get consent before sending text messages to consumers. In a series of lawsuits, courts have determined that many text message campaigns are subject to the Telephone Consumer Protection Act, and that the law requires companies to get consent before sending text messages. Many companies … Continue Reading

Second Circuit Hears Oral Argument Regarding the Proper Form and Measure of Monetary Redress (If Any) Permitted Under Section 13(b) of the FTC Act

On Friday, February 4, 2011, Judges Calabresi, Lynch, and Wesley of the U.S. Court of Appeals for the Second Circuit heard oral argument in FTC v. Bronson Partners, LLC, No. 10-878.  The district court had found that appellant Bronson Partners violated the FTC Act by making deceptive claims in advertising for two weight loss products, … Continue Reading

Search for CFPB Director Continues

In recent blog entries we have discussed the role being played by Elizabeth Warren in standing up the Consumer Financial Protection Bureau, including efforts to identify a Director for the newly-formed Bureau.  Those efforts have continued recently as Ms. Warren has been meeting with various State Attorneys General about the Bureau. Businessweek reported last week … Continue Reading

New Food Safety Law Sets the Stage for Industry Participation in Numerous Rulemakings

The Food Safety Modernization Act (FSMA), signed into law on January 4, 2011, requires the Food and Drug Administration (FDA) to undertake sweeping regulatory action to strengthen the safety of the nation’s food supply. Many of the items on FDA’s “to do” list require significant and swift action. Over the next two years, FDA must … Continue Reading

CFPB Launches Website

The Consumer Financial Protection Bureau has launched its website at The new website highlights the agency’s focus on the consumer, and provides individuals with multiple tools to share suggestions about the agency’s planned work. For example, it invites visitors to submit You Tube videos containing ideas for the agency. In advance of its effort … Continue Reading

USDA Proposal Would Require Meals Served at School to Meet More Stringent Nutrition Quality Standards

Last month, the Food and Nutrition Service of the U.S. Department of Agriculture (“USDA”) issued a proposed rule that would revise the meal patterns and nutrition requirements for the National School Lunch Program (“NSLP”) and the School Breakfast Program (“SBP”). The proposed rule, which is intended to improve the dietary habits of school children, would … Continue Reading

Dietary Guidelines for Americans, 2010

Written by Sarah Roller On January 31, 2011 the U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services (HHS) issued the Dietary Guidelines for Americans, 2010. A copy of the executive summary is available here. Supporting documents include Questions and Answers on the 2010 Dietary Guidelines, a Backgrounder regarding the History … Continue Reading

CPSC Extends Stay of Enforcement for Lead-Content Testing

The Consumer Product Safety Commission (“CPSC” or “Commission”) has voted 4-1 to extend the stay of enforcement for third-party, lead-content testing on certain children’s products until December 31, 2011. Section 102 of the Consumer Product Safety Improvement Act (“CPSIA”) requires manufacturers, importers, and private labelers of children’s products to have a third party test and … Continue Reading