Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s marketing of its “Conscious Choice” fashion line.
Retail Trend Spotter
An Inside Look at the Legal Issues Impacting Retail, E-commerce, Fashion & Beauty
Latest from Retail Trend Spotter - Page 2
Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?
The Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continue to carry out the Biden Administration’s stated mission to reinvigorate antitrust enforcement to “Promote Competition in the American Economy.”…
New California Bill Seeks to Eliminate Certain Food Additives
By Abby Meyer & Ava Habibian
Candy and sports drink aisles in California grocery stores could look very different if AB418 is passed into law. The California Assembly has proposed amending the state’s Health and Safety Code to prevent the manufacture, sale, delivery, distribution, holding, or offering for sale any food that contains any of the following substances:…
Website Accessibility Litigation Continues to be Costly and There is No Easy Fix
Retailers continue to be targeted by website accessibility lawsuits. Unfortunately, the legal landscape remains unpredictable and it varies greatly based on what jurisdiction a retailer is sued in. There remains no easy fix to prevent litigation. Plaintiff’s lawyers argue that “inaccessible” websites or mobile apps fail to comply with the Americans With Disabilities Act or similar…
California’s Toxic-Free Cosmetics Act Bans 24 Ingredients From Cosmetic Products
By Abby Meyer & Chloe Chung
Effective January 1, 2025, a new California law will prohibit 24 ingredients from use in cosmetic products. California’s Toxic-Free Cosmetics Act [Assembly Bill (“AB”) 2762] was signed into law by Governor Gavin Newsom on September 30, 2020, amidst continued public health concerns about chemicals in consumer products. The law makes California the first…
The Push for Pay Transparency: New Laws in 2023
In 2021 and 2022, we saw a wave of pay transparency laws aimed at improving pay equity. It first started with Colorado in 2021, then New York City in late 2022. Recently, states such as California, New York, Washington, and Rhode Island have passed similar pay transparency laws. These laws often differ by locality and…
Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed ruling that would essentially ban noncompete agreements across the country. This proposed ruling is based on a finding that noncompete agreements constitute an unfair method of competition and violate Section 5 of the Federal Trade Commission Act.…
Brush Up On Your Opt-Outs: Calif. AG Signals Mobile App Investigative Sweep
By Snehal Desai
California Attorney General Rob Bonta recently announced a new privacy investigative sweep. The AG is sending letters to businesses with mobile apps that have failed to follow the California Consumer Privacy Act (CCPA).…
Online Marketplaces: It’s Time to Track, Verify and Disclose Seller Info
A new set of California laws will require online marketplaces to gather verifiable identifying information about high volume third party sellers, or else boot them off the platform. The laws, which seek to combat the resale of stolen goods online, call for marketplaces and sellers to ramp up their consumer disclosures around sellers’ identities and…
Colorado’s Retail Delivery Fee
Recently, Colorado’s new $0.27 retail delivery fee went into effect. The fee targets all deliveries by a motor vehicle that have at least one item of taxable and tangible personal property. This new levy impacts both in-state and out-of-state retailers, requiring those entities to register with the Colorado Dept. of Revenue and remit funds to…