Ad Law News and Views-July 11, 2018
RECENT NEWS
Court Temporarily Halts Risky “Risk-Free” Offers
FDA Releases Guidance Regarding Strategies to Protect Against Food Adulteration
Photoshop Can’t Hide Rimmel’s Influencer Woes
Jury Awards $16M in Damages to Dyson in Lanham Act Case Against SharkNinja
Senator Schumer Introduces Legislation to Decriminalize Marijuana at the Federal Level
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ANALYSIS
Selling Products Online? U.S. Supreme Court Ruling May Affect Whether or Not You Must Pay State Sales or Use TaxesOn Thursday, June 21, 2018, the U.S. Supreme Court paved the way for states to collect sales or use taxes from sellers with no physical presence in the taxing state by declaring constitutional a South Dakota law requiring out-of-state sellers to remit sales taxes on sales to South Dakota residents if the sellers exceed certain revenue or transaction thresholds. In South Dakota v. Wayfair, Inc., 585 U.S. (2018), the Supreme Court overturned its 1967 decision in National Bellas Hess, Incorporated v. Illinois, 386 U.S. 753 (1967) and its 1992 decision in Quill Corporation v. North Dakota, 504 U.S. 298 (1992), which had generally prohibited states from collecting sales or use taxes on sales of tangible personal property from sellers with no physical presence within the state. The elimination of the physical presence requirement does not necessarily mean that out-of-state sellers now have substantial nexus with all states, however, and sellers should re-evaluate their tax collection and payment obligations on a state-by-state basis.
GDPR SIDEBAR
Providing concise Q&A noshes on GDPR compliance.
California Enacts Sweeping Privacy Law; Will Other States Follow?On June 28, 2018, Governor Brown signed into law the “California Consumer Privacy Act of 2018.” The legislation was a compromise to avoid a ballot initiative that was more closely modeled after the European Union’s General Data Protection Regulation (GDPR). This Act is scheduled to go into effect on January 1, 2020.
The Act enumerates a number of rights for consumers regarding the privacy of their personal information. Some rights, such as the right to be forgotten or the right to request information disclosure, are reminiscent of those seen in the GDPR, while others, such as the right to opt out of the sale of a consumer’s personal information, are specific to the new law.
UPCOMING EVENTS AND SPEECHES
AT&T Time Warner Merger – Case StudyAugust 2, 2018”,“ARLINGTON, VA
Telecom Regulation: Today’s Challenges and Opportunities
Chip Yorkgitis
2018 NAD Annual Conference
September 24-25, 2018”,“NEW YORK, NY
National Advertising Division
John Villafranco
Mind the Gap - Globalization of Product Safety Standards and How Litigation Sometimes Leads or Supplements the Regulatory Framework
October 9, 2018”,“ROME, ITALY
International Bar Association Annual Conference