The Recall Roundup is a monthly survey of regulatory activity affecting the manufacture, distribution, and sale of consumer products.  Subject matter may include the latest product recalls, major federal agency developments, and proposed or new federal rules.  The blog’s goal is to provide an overview, rather than a comprehensive report on every development that could potentially affect businesses or consumers.  Nothing herein constitutes legal advice.  If you have questions or comments about the blog, please reach out to the authors.
Continue Reading Recall Roundup: April

On April 14, 2022, the United States Environmental Protection Agency released an updated draft risk assessment for formaldehyde, in which it links long-term, low-dose inhalation of the common chemical to leukemia and various cancers involving the head and neck.  EPA has also identified potential links to non-cancer health outcomes, including sensory irritation, respiratory problems, reproductive and developmental toxicity, and nervous system effects.  The risk assessment associates these potentially adverse health effects with lifetime doses even lower than those identified by EPA in its 2010 draft, which EPA had agreed to revisit after the scientific community and industry stakeholders criticized its methodology.    
Continue Reading EPA Draws Link Between Low-Dose Formaldehyde Exposure and Cancer

The Children’s Advertising Review Unit has recommended that Moose Toys, an Australian toy company, modify ads and packaging of its “Little Live Pets Gotta Go Turdle” toy to disclose that kids should not eat the synthetic “Turdle food” that comes with the toy. CARU also recommended that future promotions of the toy depict adult supervision.
Continue Reading CARU Wades Into the Water With “Gotta Go Turdle” Toy – Recommends Better Disclosures for Kids and Adult Supervision in Ads

On February 14, 2022, Noom Inc., a popular weight loss and fitness app, agreed to pay $56 million, and provide an additional $6 million in subscription credits to settle a putative class action in New York federal court. The class is seeking conditional certification and has urged the court to preliminarily approve the settlement.
Continue Reading Fitness App Agrees to Pay $56 Million to Settle Class Action Alleging Dark Pattern Practices

The Recall Roundup is a monthly survey of regulatory activity affecting the manufacture, distribution, and sale of consumer products. In lieu of the usual monthly recap, this post summarizes key events from 2021. Subject matter may include the latest product recalls, federal agency major developments, and proposed or new federal rules. The blog’s goal is to provide an overview, rather than a comprehensive report, on every development that could potentially affect businesses or consumers. Nothing herein constitutes legal advice. If you have questions or comments about the blog, please reach out to the authors.
Continue Reading 2021 Recall Roundup Recap

In the first FTC case to challenge a company’s failure to post negative reviews, the FTC has reached a proposed settlement agreement with the online fashion retailer, Fashion Nova, LLC, prohibiting the retailer from suppressing negative reviews and requiring the company to pay $4.2 million for harm suffered by consumers.
Continue Reading FTC Holds Online Fashion Brand Accountable for Suppressing Negative Reviews, Issues Updated Guidance for Marketers, and Warns Review Platforms

“Buy now, pay later” companies have exploded in popularity over the past year, largely through integration into retailers’ online checkout platforms. Often presented during checkout next to traditional payment methods like credit and debit cards, BNPL companies invite consumers to make purchases over a few payments with zero interest. There are, however, fees for missed payments, late payments, or payments rejected for insufficient funds. Moreover, BNPL offerings may occupy a gray zone apart from typical credit transactions or loans which could exempt them from all sorts of laws and regulations.
Continue Reading Challenges for “Buy Now, Pay Later” Industry May Affect Retailers

The National Advertising Division of BBB National Programs recently examined advertising claims by Straight Smile, LLC (Byte), seller of direct-to-consumer teeth aligners, recommending that Byte provide clear disclosures when reviewers of its product receive incentives in exchange for posting reviews.
Continue Reading Give it to Consumers Straight: NAD Recommends Clear Disclosures for Incentivized Reviews of Teeth Straightening Brand

A group of Democratic representatives led by Rep. Jan Schakowsky (D-IL) have introduced a “Safer Beauty” bill package that would ban certain chemicals in cosmetics and require more ingredient transparency in the supply chain.
Continue Reading “Safer Beauty” Bill Package Targets PFAS, Phthalates, Formaldehyde, and Other Common Chemicals in Cosmetics

Retailers, beware! The new wave in the fight against “robocalls” is coming, and it’s targeting telemarketing text messages. In the past six months, we have seen an uptick in activity at both the state and federal level to rein in telemarketing text messages, and companies using any kind of text messaging telemarketing will want to proceed with caution.    
Continue Reading Scary Halloween Stories: Fight Against Robocalls Is Coming for Telemarketing Text Messages