Two bills currently making their way through the California Legislature could, if passed, have far-reaching implications for how companies doing business in California price their goods and services. California Assembly Bill 325 (Aguiar-Curry) and Senate Bill 384 (Wahab), as drafted, seek broad prohibitions against the use, distribution of, and inputs into algorithmic pricing and supply
Consumer Protection
Recall Litigation Report: Trends in 2024 Continue Into 2025
The 2024 trends in recall litigation and class actions, including food recall cases, prudential mootness decisions, benefit of the bargain opinions, and PFAS litigation, continue into 2025. Click here to continue reading.
Pet food regulations in the United States: AAFCO model rules update
Building on our last article in this series, specific to AAFCO and what it does, here we discuss AAFCO’s recent updates to its official publication and model bills and regulations.
In the Summer of 2023, AAFCO approved new suggested labeling guidelines that include standardized nutrition information, more systemized ingredient statements and storage and handling instructions.…
ClassPass’ Petition for Rehearing Will Tell the Future of Sign-In Wrap Agreements on the Internet
On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap agreements and for online…
Is Section 230 Going to Change? The FTC, DOJ and FCC Signal Significant Change for Online Businesses
On April 3, 2025, the United States Department of Justice’ Antitrust Division hosted a forum on “Big-Tech Censorship” in which key Trump Administration Officials announced their desire to reform, or entirely overhaul, Section 230 of the Communications Decency Act. In March 2025, we wrote about the Federal Trade Commission’s (FTC) inquiry into “tech censorship” and…
Vaccine Maker Granted Summary Judgement Due to Implied Preemption
By Duane Morris
By Sean K. Burke and Gabrielle Pelura
On March 11, 2025, Judge Kenneth Bell in the Western District of North Carolina granted summary judgment in favor of Merck & Co. Inc. and Merck Sharp Dohme LLC against the “bellwether plaintiffs” in a multidistrict litigation who were vaccinated with Gardasil at various dates from 2012 to…
From Capone to Corporations: Supreme Court Ruling on Civil RICO Claims Could Create Uptick in Personal Injury Lawsuits
On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury.[1] The 5-4 decision has resolved a 3-2 circuit split over whether…
MoCRA Under the Trump Era: A Look at FDA’s Monitoring and Enforcement Two Months In
Despite other sweeping changes to the federal government under the Trump administration, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), passed under former President Biden, remains good law. Below, we report on recent trends in FDA’s implementation and enforcement of MoCRA in the early months of Trump’s presidency.
FDA is continuing to monitor the…
FTC Blog Updates March 10 – March 14
This week the FTC has been busy sending money to consumers harmed by unfair or deceptive business acts or practices. These stories, and more, after the jump.…
Right To Repair – A Growing Trend for States Creating Compliance Challenges for Manufacturers
“Right to Repair” laws are regulations that generally require manufacturers to give consumers and independent repair providers access to tools, parts, and information to repair certain consumer products and other equipment on fair and reasonable terms. Recently, six states—California, Colorado, Minnesota, New York, Massachusetts, and Oregon—have implemented their own comprehensive right to repair regulations. Click…