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The FTC flexed its new-found civil penalty muscle last week by filing the first case pursuant to the COVID-19 Consumer Protection Act, which gives the FTC authority to seek civil penalties for deceptive COVID-related acts and practices.  ICYMI, see our blog post about the civil penalty authority here.

Ordinarily, the FTC is only authorized to

Earlier this week, Judge Cynthia Bashant of the Southern District of California granted a plaintiff’s second bite at the apple (or rather biscuit) to certify a class of purchasers of belVita breakfast biscuits in McMorrow v. Mondelez International, Inc.  The plaintiff alleged that Mondelez falsely labeled its belVita biscuits as providing “NUTRITIOUS SUSTAINED ENERGY;”  “NUTRITIOUS

Last week, in a substantial win for the dietary supplement industry, the Ninth Circuit Court of Appeals upheld the Northern District of California’s grant of summary judgment to Target, ruling that state law false advertising challenges to permissible structure/function claims are preempted by the Federal Food, Drug and Cosmetic Act (“FDCA”).

Plaintiff Todd Greenberg alleged

https://www.adlawaccess.com/articles/federal-trade-commission/13-b/With one eye on the U.S. Supreme Court, which is being asked to confirm that the FTC has authority to seek monetary relief under Section 13(b) in AMG Capital Management, LLC v. Federal Trade Commission, and the other eye on Congress which may or may not pass legislation authorizing monetary relief under Section 13(b),

New York may become the latest state to allow consumers to sue companies for improperly collecting, retaining or using certain biometric data.  Earlier this week, a bipartisan slate of state legislators (17 Democrats, 7 Republicans) introduced Assembly Bill 27, which seeks to amend New York’s General Business Law to add a new article known

In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick Stainguard antiperspirant products (Speed Stick) fight yellow stains and white marks on clothing.  Plaintiffs claimed that they purchased Speed Stick, but continued to experience marks and stains

California is not the only state focused on privacy.  The New Jersey Attorney General’s Office recently emphasized how the Office is prioritizing its enforcement of such issues. Over its first year, the newly-created Data Privacy & Cybersecurity Section within the New Jersey Division of Law has initiated its own actions and joined several multi-state investigations.