As published on Hunton’s Nickel Report, in May 2023, Minnesota’s Governor Walz signed into law HF 2310, which bans the sale of certain products containing “intentionally added” per- and- polyfluoroalkyl substances (PFAS) in 2025 and then all products in 2032, and also establishes reporting requirements for products containing PFAS starting in 2026. Following Maine’s lead, Minnesota has now become the second state in the country to pass a broad ban on PFAS-containing products sold in the state. While reporting requirements apply to product manufacturers, the bans on sale, offer for sale, or distribution in the state apply to “persons,” including retailers. Companies who manufacture products for sale (and who sell) products in the state of Minnesota will need to prepare to assess the presence of PFAS in their supply chains in order to comply with these new requirements.
Continue Reading Minnesota Becomes Second State to Pass Sweeping PFAS Ban and Reporting Law Targeting All ProductsSecond Circuit Approves Nonconsensual Third-Party Release in Purdue Pharma Case: Where Do Third Party Releases Stand Now?
By Gregory G. Hesse & Kollin Bender on
Posted in Bankruptcy
In an anticipated decision, on May 30, 2023, the Second Circuit Court of Appeals issued its decision approving a Chapter 11 plan’s inclusion of a nonconsensual release of direct claims against non-debtor third parties. Purdue Pharma LP v. City of Grand Prairie (In re Purdue Pharma LP), No. 22-110 (2d Cir. May 30, 2023).
Continue Reading Second Circuit Approves Nonconsensual Third-Party Release in Purdue Pharma Case: Where Do Third Party Releases Stand Now?FTC Issues Proposed Order Against Home Security Camera Company Ring
By Hunton Andrews Kurth LLP on
Posted in Consumer Protection, Privacy & Cybersecurity
As reported on Hunton’s Privacy and Information Security Law Blog, on May 31, 2023, the Federal Trade Commission announced a proposed order against home security camera company Ring LLC (“Ring”) for unfair and deceptive acts or practices in violation of Section 5 of the FTC Act.
Continue Reading FTC Issues Proposed Order Against Home Security Camera Company RingRetailers: What Anticounterfeiting and Antipiracy Strategies Work for You? The PTO Wants to Know
By Matthew Nigriny & Gary A. Abelev on
Posted in Consumer Protection, IP
Counterfeit goods continue to become increasingly ubiquitous, presenting a host of issues for both retailers and consumers. In addition to a variety of legal consequences and the sometimes massive effect on companies’ bottom lines, counterfeit and pirated goods are often accompanied by risks to public health and safety and even national security.
Continue Reading Retailers: What Anticounterfeiting and Antipiracy Strategies Work for You? The PTO Wants to KnowKeeping it Real (Estate): FTC Secures First Monetary Settlement Against Celebrity Endorsers
By Phyllis H. Marcus & Noreen M. Verini on
Posted in Real Estate
On May 22, 2023, the Federal Trade Commission (FTC) announced its first monetary settlement with celebrity endorsers for a combined $1.7 million.
The complaint filed by the FTC and the Utah Division of Consumer Protection (DCP) against Response Marketing Group, LLC and its principals, also named two real estate celebrities as defendants—Scott Yancey, star of the home-flipping show Flipping Vegas on A&E, and Dean R. Graziosi, author of Millionaire Success Habits. The complaint alleged that defendants used false promises to sell consumers expensive real estate investment training programs, which Yancey and Graziosi promoted. Yancey and Graziosi were also allegedly involved in efforts to bury online customer complaints that said Response Marketing was a scam and cost consumers more than $400 million.
Continue Reading Keeping it Real (Estate): FTC Secures First Monetary Settlement Against Celebrity EndorsersNine-Figure Verdicts: What is BIPA and Why You Should Care
By Hunton Andrews Kurth LLP on
Posted in Insurance
In 2008, Illinois enacted the Biometric Information Privacy Act (BIPA) to protect individuals’ privacy rights in their biometric information, including retina or iris scans, fingerprint, voiceprint, hand scans, facial geometry, DNA and other unique, identifying biological information. Companies are now paying hundreds of millions of dollars to settle employee and consumer suits for BIPA violations. In a recent Reuters Legal News article, Hunton Andrews Kurth LLP attorneys Syed Ahmad, Rachel Hudgins and Torsten Kracht, discuss what BIPA is, how it applies to companies operating outside of Illinois, and how insurance can shield companies from potential exposure.
A copy of the article can be found here.
What is “Just Fruit”?: Ninth Circuit Affirms Dismissal of False Advertising Suit Against Kroger
By Brian J. Bosworth & Thomas R. Waskom on
Posted in Advertising & Marketing, Consumer Protection
The Ninth Circuit Court of Appeals recently affirmed the dismissal of a putative class action lawsuit brought by a consumer who claimed that The Kroger Company supermarkets falsely advertised its spreadable fruit product containing fruit-based sweeteners as “Just Fruit.”
Continue Reading What is “Just Fruit”?: Ninth Circuit Affirms Dismissal of False Advertising Suit Against KrogerFTC Brings Action Against Motocross and ATV Parts Manufacturer for False “Made in USA” Product Claims
By Phyllis H. Marcus & Nicholas Drews on
Posted in Advertising & Marketing, Product Liability
The FTC announced a settlement with Cycra, Inc., a manufacturer of motocross and ATV parts, and the company’s owner for falsely claiming their products were made in the USA while importing parts from Asia and Europe. The proposed consent order imposes an $872,577 judgment and requires the respondents to comply with the FTC’s requirements for marketing products as made or assembled in the United States.
Continue Reading FTC Brings Action Against Motocross and ATV Parts Manufacturer for False “Made in USA” Product ClaimsFTC puts nearly 700 companies on notice of potential penalties for deceptive health claims
By Phyllis H. Marcus & Samuel J. Thomas on
Posted in Advertising & Marketing, Product Liability
Nearly 700 companies (670 to be exact) are recipients of a letter from the Federal Trade Commission, putting the companies on formal notice that failing to have proper substantiation for health claims (the Substantiation Notice) or engaging in misleading use of testimonials or endorsements (the Endorsement Notice) could result in civil penalties.
Continue Reading FTC puts nearly 700 companies on notice of potential penalties for deceptive health claimsThink Before You Lease – Nuances of Leasing to Healthcare Service Providers
By Brad Kuntz on
Posted in Health Care, Real Estate
As our nation transitions into a “post-pandemic world,” consumers are now more than ever looking for new and convenient ways to get quality healthcare services. So much so that a 2020 survey conducted by ICSC[1], a trade group of retail property owners, found that almost 7 out of 10 adults visit a healthcare provider in a shopping center or outdoor strip mall. The movement coined as “medtail” is a growing trend across the nation where healthcare providers are moving from the large traditional community hospitals into more convenient retail spaces. The rise of medtail, coupled with the growth of online shopping and the ever decreasing need for brick and mortar retail locations, has many landlords now considering healthcare service providers as tenants in their retail location. Adding healthcare services to a retail center provides many benefits, but landlords should keep these few things in mind as they look to repurpose their traditional retail space.
Continue Reading Think Before You Lease – Nuances of Leasing to Healthcare Service Providers