Hunton Retail Law Resource

Anyone who uses a mobile device knows there are times when hands-free is a necessity. Enter National Products, Inc., a US maker of RAM® Mounts for securely mounting electronic devices—including phones, tablets, laptops and radar detectors—in cars, trucks, bikes and boats, among other vehicles.

The FTC and the FDA jointly sent warning letters to four manufacturers of flavored e-liquid products, citing the absence of particular disclosures in paid social media endorsements as potentially in violation of the Federal Food, Drug, and Cosmetic Act and the FTC Act.

Social media can be a minefield of intellectual property issues. The hashtag, for example, began as a searching tool, but now has evolved into its own form of communication. And if a hashtag can include a trademark or otherwise represent a brand, when can you use someone else’s trademark in a hashtag?

The Federal Trade Commission entered proposed final orders settling June 2018 charges filed against several online marketers of e-cigarettes, dietary supplements and skin creams for deceptively advertising “risk free” trial offers.

In continued enforcement of the Consumer Review Fairness Act (CRFA), the Federal Trade Commission entered consent decrees against two rental management companies that mandated non-disparaging reviews in their consumer contracts.

Historically, foreign investors in U.S. retailers have not considered as a potential impediment to raising capital or M&A activity the clearance of such transactions under the foreign investment regulations administered by the Committee on Foreign Investment in the United States (CFIUS or the Committee). Recent actions by CFIUS, however, suggest that foreign investment in any U.S. company, including retailers, that collects sensitive personal data of U.S. citizens is at potential risk of CFIUS review and remedial action, particularly where the transaction involves Chinese investors.

Court rulings interpreting the Consumer Product Safety Act (CSPA) are rare because parties subject to the act typically resolve any issues directly with the CPSC through administrative actions or settlements. This month, the Seventh Circuit issued such a rare ruling, which makes it more difficult for manufacturers, distributors or retailers to argue the statute of limitations has run on failure-to-report claims.