United States: Consumer Law

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Consumer protection law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve consumer protection regulations and the developing law surrounding them from specialists working in this area.
Article
"Calling” Out Fraud: Florida Federal Court Allows Counterclaim To Proceed Against TCPA Plaintiff
A federal court in Florida denied a TCPA plaintiff's motion to dismiss a defendant's fraud counterclaim, finding that the plaintiff's willingness to enroll in health insurance during an alleged unwanted telemarketing call contradicted her lawsuit claims. The decision demonstrates how companies can use fraud counterclaims to expose plaintiffs who consent to calls and then sue, potentially creating leverage at early litigation stages.
United States Litigation
DM
Duane Morris LLP
Article
FDA’s Advisory Committee Votes On Peptides: What It Does And Doesn’t Do
The FDA's Pharmacy Compounding Advisory Committee recently voted to recommend adding six unapproved peptides to the Section 503A affirmative list, despite agency reviewers' concerns about insufficient clinical data. What are the practical implications of these controversial recommendations for compounding pharmacies, healthcare providers, and consumers seeking access to these experimental substances?
United States Healthcare
M
Mintz
Article
Governor Sherrill Selects Christopher Peterson To Lead New Jersey Division Of Consumer Affairs
Governor Mikie Sherrill has nominated Christopher L. Peterson, a nationally recognized consumer protection scholar and former CFPB senior official, to lead New Jersey's Division of Consumer Affairs. The appointment signals continued robust enforcement of consumer protection laws in one of the nation's most active state agencies. Peterson's extensive background in consumer financial services law and his role in shaping federal consumer protection policy position him as a significant figure in state-level enf
United States Consumer
BS
Ballard Spahr LLP
Article
WARNING: California’s Listing Of Microplastics As A Candidate Chemical May Result In Unexpected, And Imminent, Compliance Obligations Under AB 1200 (California Safer Food Packaging And Cookware Act)
California's Department of Toxic Substances Control has added microplastics to its Candidate Chemicals list, triggering immediate labeling requirements for cookware manufacturers under AB 1200 and setting the stage for broader product restrictions. The October 2026 effective date means companies must quickly assess whether their products contain or generate microplastics and update compliance programs accordingly. This regulatory development could eventually extend to a wide range of consumer products inclu
United States Consumer
CM
Crowell & Moring LLP
Article
California Proposition 65: OEHHA Proposes Regulatory Amendments
California's Office of Environmental Health Hazard Assessment has released draft amendments to Proposition 65 warning regulations that could significantly expand warning requirements for food manufacturers and off-road vehicle parts retailers. The proposed changes include narrowing the "naturally occurring" exemption for chemicals in food products and establishing new industry-specific warning requirements. Businesses subject to Prop 65 have until September 7, 2026, to submit public comments on these potent
United States Consumer
BD
Beveridge & Diamond
Article
You're Invited: New York City Bar's 25th Annual "Hot Topics In Advertising & Marketing Law" Program
The New York City Bar's 25th annual Hot Topics in Advertising & Marketing Law program will examine how advertising law has transformed over the past quarter-century and explore the evolving landscape of industry self-regulation and enforcement priorities. Leading experts from government agencies, self-regulatory bodies, and major law firms will provide critical insights into current federal, state, and local enforcement actions while helping advertisers navigate the legal challenges ahead.
United States Media & IT
GA
Global Advertising Lawyers Alliance (GALA)
Article
Federal Court Enjoins Enforcement of California’s SB 343 Recyclability Labeling Restrictions
A federal court has issued a preliminary injunction blocking California's enforcement of SB 343, the state's controversial recyclability labeling law, finding that key provisions are likely unconstitutionally vague and violate First Amendment protections. The ruling addresses whether California can restrict companies from using recyclability claims and the chasing arrows symbol unless products meet detailed statutory criteria, including a "60/60" standard for collection and processing.
United States Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
​“Junk Fees” Summer 2026 Roundup Part 1 – Illinois, NYC, And DC
Federal and state enforcers continue prioritizing pricing and fee transparency as both a policy issue and enforcement priority. Recent legislative developments in Illinois, New York City, and Washington DC introduce new requirements for businesses to disclose mandatory fees upfront, with varying definitions of what constitutes a "mandatory fee" and specific compliance timelines ranging from 2026 to 2027.
United States Consumer
KD
Kelley Drye & Warren LLP
Article
Caremark Settles PBM FTC Action Regarding Reimbursement Practices, Second Major PBM To Settle
CVS Health subsidiary Caremark has reached a landmark settlement with the Federal Trade Commission, requiring sweeping changes to its pharmacy benefit management practices including rebate transparency, formulary prioritization of lower-cost drugs, and point-of-sale rebate programs. The agreement follows a similar Express Scripts settlement and could fundamentally reshape how the nation's largest PBMs operate, potentially delivering billions in consumer savings while accelerating an industry-wide shift from
United States Consumer
GP
Goodwin Procter LLP
Article
Consumer Groups Urge Tenth Circuit To Adopt Colorado’s Interpretation Of Section 525 Of DIDMCA
The Tenth Circuit's en banc consideration of NAIB v. Weiser has drawn another significant amicus brief, this time from the Center for Responsible Lending and National Consumer Law Center. These consumer advocacy organizations argue that Colorado's interpretation of DIDMCA Section 525 should permit opt-out states to apply their usury laws to loans made by out-of-state banks to in-state borrowers. The brief emphasizes historical state authority over interest rates and challenges modern "rent-a-bank" lending a
United States Commercial
BS
Ballard Spahr LLP
Article
Court Recommends That A TCPA Defendant Consider Filing A Rule 11 Motion For Sanctions In A Putative Text Message Opt-Out Evader Class Action
The Telephone Consumer Protection Act creates massive statutory damages exposure for companies, leading to widespread litigation abuse. A recent California court decision offers defendants a new weapon against 'opt-out evaders'—plaintiffs who deliberately send confusing unsubscribe requests instead of simple 'STOP' messages to manufacture TCPA violations and collect damages.
United States Litigation
SJ
Steptoe LLP
Article
Court Grants Preliminary Injunction In California Truth In Recycling Law Challenge
A federal court has granted a preliminary injunction blocking enforcement of California's SB 343, the "Truth in Recycling law," finding that portions of the statute are likely unconstitutionally vague and that it may infringe on First Amendment free speech rights. The ruling addresses claims by 18 trade associations that the law's restrictions on recyclability labeling could force companies to omit truthful information and potentially reduce recycling rates rather than improve them.
United States Consumer
AP
Arnold & Porter
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