Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19. In warning letters issued to CBD Gaze, Alternavita, Musthavemom.com, and Careful Cents LLC, the agencies identify the respective recipients as participants in
Ad Law Access Podcast – Operationalizing the California Consumer Privacy Act (CCPA)
CCPA compliance is a cross-functional exercise that requires active participation and buy-in from business units across the organization to tackle data mapping, work flows and employee training. On the latest episode of the Ad Law Access Podcast, former special counsel Tara Marciano and associate Alexander Schneider discuss the ongoing challenges of operationalizing CCPA compliance focusing
Ad Law Access Podcast: Green Marketing
As we have written about extensively on this blog, consumers continue to grow more environmentally conscious and demand products that reflect this concern. To meet consumer demands and as part of social responsibility initiatives, companies are increasing their “sustainable” practices, recycling materials, upcycling other products, and working to reduce waste and environmental harms. As
Cosmetic or Drug? California Federal Court Refuses to Say.
Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often than not class actions, challenging the marketing or labeling of cosmetics. A recent decision by the Southern
Texting in Virginia? Not Just for Lovers: Telemarketing Law Amendments Effective July 1
The Virginia Governor recently signed into law amendments to the Virginia Telephone Privacy Protection Act that significantly increase the exposure of businesses that place marketing calls or text messages to Virginia residents.
The amendments take effect July 1, 2020, and address four topics: (1) the definition of a “telephone solicitation call,” (2) caller identification, (3)
Democrats Release Their Own COVID-19 Privacy Legislation
Following the Republican-sponsored COVID-19 Consumer Data Protection Act of 2019, Democratic legislators recently introduced the Public Health Emergency Privacy Act. Senators Richard Blumenthal and Mark Warner of Connecticut and Virginia, respectively, and a group of Democratic Representatives, including Jan Schakowsky of Illinois and Anna Eshoo of California, introduced the measure.
While both measures
Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit
While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim does not ‘accrue’ until the copyright holder discovers, or with due diligence should have discovered, the infringement.” See, e.g., Psihoyos v. John Wiley & Sons, Inc., 748 F.3d 120, 124 (2d
As the Spread of Coronavirus Slows, a Contagion of Class Actions Has Only Begun
Companies continue to reel from business disruptions caused by the spread of coronavirus, and in many cases have struggled to navigate the swiftly changing landscape in which they are required to operate (or not operate). At the end of the first full month of the crisis, as infections appear to plateau in epicenters like
Senate Republicans Release COVID-19 Privacy Bill
In light of concerns associated with attempts to use personal data to track the spread of COVID-19, a group of Republican Senators, led by Mississippi Senator Roger Wicker, introduced the COVID-19 Consumer Data Protection Act of 2020 today.
The bill imposes specific requirements on entities seeking to process precise geolocation data, proximity data, persistent
Spotlight on Charitable Campaigns
The COVID-19 pandemic has given all of us renewed interest in our communities and giving back to them. Similarly, many companies are teaming up with charitable organizations to support efforts related to COVID-19 through cause marketing campaigns. Cause marketing campaigns can trigger various state laws, like those governing “commercial co-ventures,” particularly when they