Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Blog Authors

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Christopher A. Cole

Cheryl A. Falvey

Mark A. Klapow

Roy Abernathy

Tiffany Aguiar

Joselle Albracht

Crowell and Moring

Latest from Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

FTC Updates (August 8-12, 2022)

By Emma Cunningham & Holly Melton

August 19, 2022

The FTC unveiled its Proposed Rule on Commercial Surveillance and Data Security. The Commission relied on the COVID-19 Consumer Protection Act and the Made in USA Labeling Rule to refer a complaint against personal protective equipment (“PPE”) and light fixture manufacturers. The case marks the second time the FTC has used the Made in the USA Labeling Rule to target companies for allegedly deceptive claims. Commissioner Alvaro Bedoya spoke at the National Association of Attorneys General Presidential Summit…

Retail & Consumer Products Law Observer

FTC Updates (August 1-5, 2022)

By Fan Cheng & Kristin Madigan

August 12, 2022

The FTC announced two victories in separate actions against Personal Protective Equipment (“PPE”) companies and secured more than $17 million for consumers. In the two cases, the FTC has alleged that California-based Glowyy and Louisiana-based American Screening each failed to deliver PPE products within promised time periods during the early stages of the COVID-19 pandemic. In addition, the FTC announced a new action and consent agreement against online homebuying firm Opendoor Labs, Inc. for allegedly misleading claims…

Retail & Consumer Products Law Observer

FTC Updates (June 27 – July 1, 2022)

By Kari Ferver & Holly Melton

July 8, 2022

The FTC, in the week leading up to the Fourth of July holiday, took action in multiple healthcare arenas, including supplements and Ear, Nose and Throat (“ENT”) specialty products. The agency also successfully shut down a scammer who used PPP loans to sell bogus grant funding packages to minority-owned businesses in Florida. These stories and more after the jump. Monday, June 27, 2022 Bureau of Consumer Protection: COVID-19 The FTC, working with the State of…

Retail & Consumer Products Law Observer

Revlon May Signal Another Wave of Retail Bankruptcies

By Frederick (Rick) Hyman

June 27, 2022

With the beginnings of the coronavirus pandemic, 2020 brought an onslaught of retail bankruptcy cases. Lord & Taylor, Ascena Brands, Neiman Marcus and JC Penny, among many others – not less than 52 in total. As the economy recovered from the initial shock of the pandemic, the number of retail bankruptcy cases subsided in 2021. According to reports, there were 21 retail cases in 2021 as retail traffic began returning to pre-pandemic levels. 2022, however, brings…

Retail & Consumer Products Law Observer

FTC Updates (May 30-June 3, 2022)

By Kari Ferver & Lauren B. Aronson

June 10, 2022

The FTC had a busy week, taking multiple actions against alleged scammers and pyramid schemes in the finance and credit industries. In merger news, the agency announced a workshop on pharmaceutical mergers, and it took enforcement actions related to several mergers in a variety of industries. The FTC also issued a report showing that consumers have lost a whopping $1 billion in cryptocurrency scams since 2021. These stories and more after the jump. Tuesday, May…

Retail & Consumer Products Law Observer

Recall Litigation Report: 2022 Mid-Year Recap

By Rachel Raphael & Lily Hsu

May 23, 2022

In the first half of 2022, manufacturers have been as busy as ever navigating recalled products and fielding the class action lawsuit that often (but do not always) follow. CPAP Litigation Finds New Defendant For the last year, Philips Respironics (“Philips”) has been inundated with lawsuits brought by consumers and medical device suppliers, over its CPAP and BiPAP breathing machines. And in more recent months, SoClean, a manufacturer of sanitation machines specifically designed to…

Retail & Consumer Products Law Observer

FTC Updates (May 2-13, 2022)

By Fan Cheng, Kari Ferver & Holly Melton

May 20, 2022

While the country was busy celebrating Star Wars Day and Cinco de Mayo, the FTC took a number of actions in the consumer protection realm. The agency reported success stories in relation to a credit repair scam, a multi-level marketing scheme, and even deceptively-advertised Internet speeds. In addition, the Commission initiated its second action using the new Made in USA rule, shortly after the first one—this time against an apparel company. The agency also ordered…

Retail & Consumer Products Law Observer

FTC Updates (April 25-April 29, 2022)

By Tiffany Aguiar & Holly Melton

May 5, 2022

The FTC, in partnership with the DOJ, filed a complaint against a Voice over Internet Protocol service provider for the transmission of millions of allegedly illegal prerecorded telemarketing robocalls. The company and its owner are now facing injunctive and monetary penalties. The Commission also announced its intentions to update the Telemarketing Sales Rule with a notice and advance notice of proposed rulemaking. More on these stories after the jump. Tuesday, April 26, 2022 Bureau of…

Retail & Consumer Products Law Observer

FTC Updates (April 11-15, 2022)

By Kari Ferver & Holly Melton

April 20, 2022

For the first time, the FTC used its new Made in USA rule to go after a battery manufacturer. The rule, enacted last summer, gives the agency power to seek civil penalties, injunctive relief, and other remedies against companies who use a “Made in USA” label in a misleading way. The FTC also received a request from the House of Representatives to look into a NFL team’s potentially illegal business practices, and the agency attempted…

Retail & Consumer Products Law Observer

Recall Litigation Report: Consumers Bring Class Action Lawsuit Against Ellume Refusing to Refund Recalled COVID-19 Home Tests

By Rachel Raphael & Jessica Gilbert

April 11, 2022

Class actions following a product recall often focus on what the company allegedly knew before its products were taken off the market. But this is not always the case. A company can also come under fire for its actions after the recall and, specifically, what recourse it offers to consumers of recalled products. On October 5, 2021, the U.S. Food and Drug Administration (“FDA”) alerted the public of a manufacturing issue with certain lots of…