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HTMLFTC Determines that Pinterest Contest Entries Constitute Product Endorsements that Require Disclosures
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter; Keller and Heckman LLP;
Legal Alert/Article
April 8, 2014, previously published on April 4, 2014
A recent closing letter from the Federal Trade Commission (FTC) to Cole Haan relating to a contest conducted on the social media site Pinterest is instructive for companies that sponsor online contests that involve the submission of user-generated content. The FTC revised its Guides Concerning the...

 

HTMLVermont Senate Approves Pricey Green Chem Bill, Now in House’s Hands
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 8, 2014, previously published on April 7, 2014
The Vermont Senate has approved a bill, S. 239, that would allow the state to require extensive, expensive chemical reporting and impose high fees on nearly everyone doing business in the state. All consumer products - not just children’s products - except electronics, motor vehicles,...

 

HTMLCPSC Holds Workshop on Potential Ways to Reduce Third Party Testing Costs
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 2, 2014, previously published on March 28, 2014
The CPSC will hold a workshop on April 3, 2014, to discuss ways to decrease third-party testing costs for products containing trace elements of lead and six phthalates found in children’s toys. Under current regulations, companies manufacturing children’s toys subject to the Toy...

 

HTMLRockefeller Releases Report on Target Breach and Chairs Hearing on Cybersecurity
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 2, 2014, previously published on March 28, 2014
Senator Jay Rockefeller released a report detailing missed opportunities to improve security and vulnerable security methods which allegedly contributed to the data breach suffered by Target Inc. The report is based on information from reports and expert witnesses related to the recent high-profile...

 

HTMLSCOTUS Rules Indirect Competitors May Bring 43(a) False Advertising Action
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
On March 26, 2014, the Supreme Court of the U.S. ruled unanimously, in an opinion by Justice Scalia, that a company - whether or not it is a direct competitor - has standing to bring a false advertising action under Section 43(a) of the Lanham Act where it alleges that it lost sales and/or had its...

 

HTMLPresident Nominates CPSC Executive Director Elliot Kaye to be Chairman
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 28, 2014
President Obama announced yesterday his intent to nominate Elliot Kaye to be chairman of the U.S. Consumer Product Safety Commission. Kaye currently serves as Executive Director, and previously as Chief of Staff for and Senior Counsel to Inez Tenenbaum. Among Kaye’s key areas of focus at the...

 

HTMLFSMA Update: FDA Seeks Input on Reportable Food Registry Requirements
Melvin S. Drozen, Alissa D. Jijon, Evangelia C. Pelonis; Keller and Heckman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
FDA has issued an Advanced Notice of Proposed Rulemaking (ANPRM) to seek comments, data, and information from stakeholders that will assist the Agency with implementing amendments to the Reportable Food Registry (RFR) requirements that were enacted as part of the FDA Food Safety Modernization Act...

 

Adobe PDFFDA Announces Major Revisions to the Nutrition and Supplement Facts Labels
Melvin S. Drozen, Leslie T. Krasny, Eric S.C. Lindstrom, Richard F. Mann, Frederick A. Stearns; Keller and Heckman LLP;
Legal Alert/Article
March 5, 2014, previously published on February 27, 2014
Today, the Food and Drug Administration (FDA) announced the availability of three proposed rules that would revise the Nutrition Facts label requirements. These proposals will be published in the Federal Register on Monday, March 3.

 

Adobe PDFEPA Narrows Controversial Definition of “Diesel Fuels” in Hydraulic Fracturing Permitting Guidance
Adrienne M. Timmel, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
February 24, 2014, previously published on February 21, 2014
As hydraulic fracturing continues to play a strong role in reviving the U.S. energy economy, pressure remains on Federal and state authorities to regulate the practice. To date, the U.S. Environmental Protection Agency’s (“EPA”) approach has been inconsistent. On the one hand, it...

 

HTMLRetailers Respond to Data Breaches, Target to Spend $100m to Upgrade to Chip Tech
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
February 17, 2014, previously published on February 7, 2014
Responding to data breaches that have affected tens of millions of American consumers, adversely affecting consumer confidence, the Retail Industry Leaders Association (RILA) announced that it would launch the RILA Cybersecurity and Privacy Initiative, a public-private collaborative process aimed...

 


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