Monthly Archives: October 2011

Third Largest Toy-Related Fine Issued By CPSC: Spin Master Agrees To Pay $1.3 Million Civil Penalty

Yesterday the U.S. Consumer Product Safety Commission (“CPSC”) announced that Spin Master, Inc., agreed to pay a civil penalty of $1.3 million for selling and failing to report that Aqua Dots, a product Spin Master distributed, contained a substance that metabolizes into the “date rape drug” when ingested. Aqua Dots was a craft kit that … Continue Reading

MMA Releases Proposed Privacy Guidelines

As we’ve noted in previous posts and a recent webinar, the way companies collect information through mobile apps has been the focus of several FTC actions, Congressional hearings, proposed legislation, and at least ten class action lawsuits. In response to the confusion over how app developers should deal with privacy issues, the Mobile Marketing Association … Continue Reading

FTC Mobile App Enforcement: Mobile App’s Acne Treatment Claims Require 2 Clinical Studies

Yesterday, the Federal Trade Commission (“FTC”) approved a final settlement with marketers of the “Acne Pwner” and “AcneApp” mobile applications (“apps”). This is the first FTC settlement targeting health claims by mobile app developers/marketers, but one of several FTC mobile app enforcement actions. In the AcneApp case, the defendants claimed that their apps could treat … Continue Reading

FDA Releases Guidance on Administrative Detentions on the Heels of its First Post- FSMA Seizure

Today, the Food and Drug Administration (“FDA”) released a guidance document for industry titled “What You Need to Know About Administrative Detention of Foods.” The guidance comes just a week after the FDA announced its first administrative detention under the expanded authority granted by Congress in the Food Safety Modernization Act. The FDA will issue … Continue Reading

IOM Issues Phase II Report Recommending Energy Star-Type Ratings for a Food Front-of-Package Nutrition Rating System

On October 20, 2011, the Institutes of Medicine (“IOM”) issued Phase II of a two-part report regarding front-of-package nutrition labeling systems and symbols. The report, created by an IOM Committee convened in response to a 2009 Congressional request, provides recommendations regarding implementation of a front-of-package nutrition rating system designed to “encourage healthier choices and purchase … Continue Reading

FDA Announces Allowable Level for DEHP in Bottled Water

On October 19, 2011, the Food and Drug Administration (“FDA”) published a final rule amending its bottled water quality standard regulations by establishing an allowable level of di (2-ethylhexyl)phthalate (“DEHP”). The new DEHP limit and related requirements will take effect on April 16, 2012. Under Section 410 of the Food, Drug, and Cosmetic Act (“FDCA”), … Continue Reading

House Data Security Legislation Likely to Pass Next Year?

House Commerce, Manufacturing and Trade subcommittee chairman, Mary Bono Mack (R-CA), said yesterday that safe data legislation is her number one priority for the committee. She did acknowledge though that movement on such a bill is unlikely until Energy and Commerce Chairman Fred Upton (R-MI) completes his work on the Joint Select Committee on Deficit … Continue Reading

FDA Releases Guidance on Implementation of FSMA Fee Provisions

The Food and Drug Administration (“FDA”) has released a question and answer guide to its implementation of the fee provisions of the Food Safety Modernization Act of 2011. The purpose of the fee provisions is to allow the FDA to recover reinspection, recall noncompliance, and importer program related costs from domestic and foreign facilities and … Continue Reading

Default Privacy Settings of Mobile App Draws FTC Scrutiny

On October 11, 2011, the FTC announced a settlement with Frostwire LLC, a peer-to-peer (“P2P”) file-sharing application (“app”) developer, and its Principal, over charges that the company publicly exposed its app users’ personal information without the users’ authorization, and misled users about the extent to which downloaded files would be shared with a P2P file-sharing … Continue Reading

FDA Notice Clarifies Past Federal Preemption Policy Statements

The Food and Drug Administration (“FDA”) recently completed an evaluation of the legal basis for federal preemption policy statements the agency has issued under the Federal Food, Drug & Cosmetic Act (“FDCA”) during the past 10 years. FDA initiated the review in response to a memorandum issued by President Obama in May 2009 which directed … Continue Reading

EPA Fines Computer Keyboard Manufacturer for Making Unverifiable Antimicrobial “Public Health” Claims

The U.S. Environmental Protection Agency (EPA) continues to emphasize enforcement against companies that market or sell products with unregistered claims of protection against disease-causing bacteria and other microbes. In a settlement announced September 28, 2011, EPA levied a fine of $261,000 against computer keyboard and mouse manufacturer, Logitech Inc., for making "unsubstantiated public health claims" … Continue Reading