Hunton Retail Law Resource

The FDA has announced its long-awaited Rule governing when the term “healthy” can be used as an implied nutrient content claim on food labels.

The FTC announced its final Rule addressing specific unfair and deceptive pricing practices commonly used by the hotel and event ticketing industries. The Rule requires businesses to clearly disclose the total price a consumer will pay, inclusive of all mandatory fees, whenever they advertise any price for such services. The Rule also requires businesses to display this total price more prominently than other pricing information.

The inauguration of President Donald J. Trump on January 20, 2025, will lead to a change in control of  the Securities and Exchange Commission (“SEC”). On November 21, 2024, current SEC Chair Gary Gensler announced that he will resign his position at 12:00 p.m. on January 20, 2025. The next day, Commissioner Jaime Lizárraga (D) also announced his intent to step down, effective January 17, 2025. These key departures will leave a 2-1 Republican majority at the SEC at the start of the next administration.

In a significant move, the Federal Trade Commission (FTC) has issued its final “Click-to-Cancel” Rule aimed at streamlining the cancellation process for subscription services. This Rule is a critical development for retailers, particularly those utilizing negative option marketing—where customers are automatically enrolled in subscriptions and must actively cancel to stop payments.

Fake reviews and testimonials for services and products have been under the watchful eye of the Federal Trade Commission (FTC) for decades. With the proliferation of online bots and generative Artificial Intelligence (AI) tools, reviews and testimonials have been even easier to fake in recent years. On August 14, 2024, the FTC announced the Final Rule on the Use of Consumer Reviews and Testimonials, prohibiting fake reviews and testimonials from being sold or purchased by businesses. Importantly, the Final Rule enables the FTC to seek civil penalties against knowing violators.

Earlier this month, the Securities and Exchange Commission (SEC) released its Spring 2024 Regulatory Flexibility Agenda, which sets out the SEC’s rulemaking agenda for the upcoming year. Some observers may have been wondering if Chair Gensler and the SEC would plan to advance any further rulemaking actions before the November elections. It is true that actions could be taken ahead of the proposed dates in the agenda, but many signs point to the SEC proceeding deliberately and without undue haste with this round of rulemaking. Several agenda items in the proposed and final rule stages from prior RegFlex agendas have been postponed to April 2025.