With three nominations in the queue, the CPSC could be on the way to a Democrat majority. The Biden Administration recently completed its list of three nominees to serve as Chairman and Commissioners. The list includes Alexander Hoehn-Saric as Chairman (currently Chief Counsel for Communications and Consumer Protection at the House Energy and Commerce Committee),
Recent CPSC Lawsuits Could Have Significant Ramifications for Platforms and for Companies Relying on Third Parties for Product Installation
Over the course of about a week, the CPSC, an agency that rarely litigates, flexed its litigation muscles not once, but twice, recently filing complaints against Amazon and Thyssenkrupp Access Corp., seeking to force both companies to conduct recalls. Both are administrative complaints.
Fulfilled by Amazon
The CPSC voted 3-1 to file its complaint against
Fixing the Nix: FTC Set to Target Manufacturer’s Warranty Restrictions on Independent Repairs
Following the momentum of President Biden’s sweeping competition executive order, the FTC now wants in on the action. In a unanimous vote, the Commission approved to adopt a policy statement calling for more aggressive enforcement against manufacturer restrictions that prevent consumers and businesses from repairing their own products. The policy statement also pushes for more
Pending Legislation Would Require Country of Origin Disclosures for Online Product Offerings
The Senate recently passed the Country of Origin Labeling Online Act (COOL Online Act) with overwhelming bipartisan support. Currently, U.S. law requires that external packaging for many products state the product’s country of origin. The uptick in online shopping and the sale of imported products, however, has increased interest in requiring country of origin disclosures
Fashion Sustainability Claims Can’t Shake Scrutiny
With Earth Day in April, it’s not a surprise that sustainability claims in the clothing industry have been in the limelight this spring. Actions in both the U.S. and overseas are a reminder to fashion retailers of the importance of substantiating sustainability claims.
Recently lobbying group PoliticallyInFashion partnered with 40 organizations and individuals to submit
FTC and Right to Repair
Companies watching the “right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is “scant evidence to support manufacturers’ justifications for repair restrictions.” This will likely add momentum to groups pushing for legislation requiring companies, particularly electronics manufacturers,
Earth Day = Green Guides
It’s Earth Day! A perfect day to think about the FTC’s Green Guides, designed to help marketers develop claims about the environmental benefits of their products. The Green Guides address the following types of claims: (a) general environmental benefit claims; (b) carbon offset claims; (c) certifications and seals of approval; (d) “compostable” claims; (e)
Amazon Pays $2 Million to Settle Reference Price Allegations
Shortly after the state of California filed a lawsuit against Amazon alleging deceptive prices, Amazon agreed to pay $2 million in penalties and restitution.
Under the stipulated judgment, Amazon is restrained from using an advertised reference price based on a formula, algorithm, or other method that produces misleading or false results until April 1,
No More Deference for Amazon’s Reference Prices
As many retailers and manufacturers that sell directly to their customers know well, sale and similar promotional pricing practices have been the targets for regulators and class action plaintiffs for several years, and Amazon is back in that spotlight, this time in a lawsuit filed by the state of California. There has been a wide
FTC Moving Away From “Lax Enforcement” with Made in USA Claims
The FTC recently announced that glue maker, Chemence, paid a landmark $1.2 million settlement to resolve allegations that the company failed to comply with a 2016 Order regarding “Made in USA” claims. The 2016 Order required Chemence to pay $220,000 and to stop making misleading claims that its products were made in the United States.