April 21, 2017

RECENT NEWS

“Geofencing” and Health-Related Targeted Advertising: Massachusetts AG Has Something to Say

FTC Staff Reminds Brands and Influencers About Disclosure Requirements

California Last State to Join Multistate Settlement of Western Union Fraud Schemes

Privacy Certification Program Settles COPPA Violations with NYAG

Senate Hearing on FDA Commissioner Nominee Scott Gottlieb Provides Insights on the Future of Food Safety and Labeling


NY AG Enters Mobile Health App Enforcement Arena with Settlements Targeting Health Claims and Privacy Practices

NetSpend Settles FTC Charges, Resolving Allegations that it Deceived Consumers over Access to Prepaid Funds

FTC Highlights Deep-Sixing of FCC Privacy Rules in Bid for 9th Circuit Rehearing

NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims

Congress Repeals FCC 2016 Privacy Order via Congressional Review Act

V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel

Court Dismisses Website Accessibility Suit Over Lack of Connection to Store

Court Relies on Due Process Argument to Dismiss Website Accessibility Suit

Oregon Attorney General Announces $545,000 Settlement with Retailer
 

New Mexico Set to Become 48th State To Enact Data Breach and Safeguards Law 

New Lawsuit Highlights Risks of Using User-Generated Content
 

ANALYSIS

A Five-Step Program to Making Your Website Accessible to the Disabled

Partner Gonzalo E. Mon and senior associate Crystal N. Skelton co-authored the Customer Think article "A Five-Step Program to Making Your Website Accessible to the Disabled." In the first installment of a two-part series, they discuss the importance of website accessibility and the formulation of regulation under the Americans with Disabilities Act (ADA) as it relates to e-commerce. Mr. Mon and Ms. Skelton provide 5 key takeaways to help tackle accessibility concerns and proactively bring accessibility practices into play.

Augmented Reality and IoT: Enjoying the Ride, While Avoiding Legal Snafus

Partner Alysa Hutnik authored the Inside Counsel article “Augmented Reality and IoT: Enjoying the Ride, While Avoiding Legal Snafus.” The Internet of Things (IoT) took off in 2016 with improved home automation systems and other smart gadgets that promise to make our lives easier. The growing momentum of Augmented Reality (AR) is expected to add to IoT’s success in 2017. The article explores legal privacy and other consumer protection issues to consider when adding an AR device or game to a company’s marketing mix.

Understanding the ADA for Ecommerce
 
Partner Gonzalo Mon and senior associate Crystal Skelton co-authored the Customer Think article “Understanding the ADA for Ecommerce.” In this first installment of a two-part series, the importance of website accessibility and the formulation of regulation under the Americans with Disabilities Act (ADA) as it relates to ecommerce are discussed. In part two, the discussion extends to options for improving website accessibility without compromising the essence of ecommerce design — the customer experience.

A Wake-Up Call For Those Claiming 'Made In USA' Products

Laura Rabinowitz authored the Law360 article “A Wake-Up Call For Those Claiming 'Made In USA' Products.” The article discusses a recent ruling by the U.S. Court of International Trade (“CIT”) that has important implications for importers and manufacturers making “Made in USA” claims for products with imported components.

In Energizer Battery Inc. v. United States, 190 F. Supp. 3d 1308 (Ct. Intl. Trade 2016), the court ruled that mere assembly of foreign component parts does not constitute substantial transformation and the resulting product cannot be considered to be of U.S. origin. In Energizer Battery, the CIT upheld U.S. Customs and Border Protection’s determination that Energizer’s Generation II military flashlights are made in China. Energizer had argued that domestic assembly of its foreign components amounts to substantial transformation and creates a product of U.S. origin. Ms. Rabinowitz notes that this case serves as a wake-up call for manufacturers who do want to face penalties or good will with their retailers and customers by claiming their products are “Made in the USA.”

UPCOMING EVENTS AND SPEECHES

Impact of the 2016 Election on Antitrust and Consumer Protection Class Actions
April 27, 2017 |SEATTLE, WA
Law Seminars International's Litigating Class Actions 
Jeffrey S. Jacobson

Global Private Litigation Conference
May 7-8, 2017 | AMSTERDAM, NETHERLANDS
American Bar Association's Section of Antitrust Law
William C. MacLeod

The Food Industry and the New Administration: Developing New Regulatory Strategies and Recognizing New Opportunities
May 24, 2017 | NEW YORK CITY, NEW YORK
America Conference Institute’s Inaugural Food Law & Regulation Forum
Laura Siegel Rabinowitz

Antitrust in the Americas IV
June 1-2, 2017 | MEXICO CITY, MEXICO
American Bar Association's Section of Antitrust Law
William C. MacLeod