Some apparel, fabric and other goods just became more likely to get stuck at the border if U.S. Customs and Border Protection (“CBP”) suspects they contain cotton from Xinjiang or from companies on a recently published U.S. Government list, or otherwise involve forced labor — whether the brand is aware of it or not.
Retail Trend Spotter
An Inside Look at the Legal Issues Impacting Retail, E-commerce, Fashion & Beauty
Latest from Retail Trend Spotter - Page 3
FTC Strengthens Advertising Guidelines Against Fake Reviews
The FTC is seeking public comment on proposed changes to its Endorsement Guides. These changes aim to strengthen the guidelines against advertisers posting falsely positive reviews or by manipulating reviews by suppressing negative ones.…
New York Fashion Sustainability Act: Now In Committee
Sow What Now?: Cal. Hispanic Chambers of Commerce et. al. v. Ross et. al., The U.S. Supreme Court, and California’s Proposition 12
If you are in the business of buying or selling pork-based products, then you have probably heard of California’s Proposition 12. As it pertains to pork, the law requires that pig confinement systems are large enough to allow the animals to fully lie down, stand up, extend their limbs, and turn around freely. We previously…
The Latest Win for Apple: Dismissal of Class Action about iPhones
By Snehal Desai
A New York federal court recently granted Apple a motion to dismiss a case where an alleged class accused Apple of misleading consumers about the waterproof nature of their iPhones. Apple had several allegedly misleading advertisements about their iPhones, with advertisements stating that the iPhone 11 is “water resistant up to 2 m for 30…
Reminder to Employers with California Warehouse Employees
The Warehouse Quota Notices required by AB 701 are due today, January 31, 2022.
AB 701 requires that employers who have 100 nonexempt employees in any one California warehouse distribution center, or 1,000 nonexempt employees across warehouse distribution centers (including temporary employees), must provide a notice to each warehouse employee subject to a quota, containing:…
OSHA Emergency Temporary Standard Survival Guide
On December 17, 2021, in a “Friday Night Surprise” the Sixth Circuit Court of Appeals lifted the Stay on the Federal Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standard (ETS). This seminal ETS applies to employers with 100 or more employees and requires that employees be either (1) vaccinated; or (2) weekly tested and…
California Passes Sweeping Package of “Green” Bills
In October 2021, Governor Gavin Newsom signed into law a sweeping package of six bills aimed at reducing plastic waste, improving recycling efforts, and clarifying labeling standards for recyclables and compostables. These new laws will likely mean significant changes for many companies. They come at a time when multiple states are passing similar environmentally focused…
FTC Signals Plan to Enforce Civil Penalties for Deceptive Endorsements
The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews and endorsements and the agency’s intent to hold brands and advertising service providers accountable where necessary. The agency is paying…
FTC to Increase Enforcement Against “Dark Patterns” Directed at Consumers
On October 28, the FTC issued a new enforcement policy statement warning companies against deploying “illegal dark patterns” that trick or trap consumers into subscription services, and often making websites difficult to navigate to find cancellation or refund options. The statement is intended to assist marketers by providing specific guidance on the FTC’s interpretation of existing…