AG Chronicles: December 2024

December 20, 2024

December 2024

AG Chronicles: a monthly newsletter breaking down State Attorneys General consumer protection issues and highlighting news from the states.

CONSUMER PROTECTION ENFORCEMENT FORUM

Kelley Drye’s State AG Practice recently hosted the 2025 Consumer Protection Enforcement Forum: Anticipating State AG Priorities and Regulatory Shifts at our offices in Washington, D.C. Speakers included New Hampshire Attorney General and National Association of Attorneys General (NAAG) President John Formella, senior and consumer protection attorney general staff, and representatives from the Attorney General Alliance and NAAG. The panelists provided a 2025 outlook on enforcement priorities and regulatory landscape, practical tips on handling investigations and working with AG offices, insight into bringing the business community and attorneys general together, and how to better understand the structure and priorities of AG offices. You may read more about this event in our recent blog post, here.

IN THE NEWS AND LATEST UPDATES

DC AG Sues Amazon for Failing to Deliver Prime Membership Benefits for Certain DC Zip Codes

DC Attorney General Brian Schwalb recently filed a lawsuit against Amazon for allegedly deceiving some District residents into paying for Prime delivery benefits they are not receiving, in violation of the Consumer Protection Procedures Act (CPPA). The complaint alleges Amazon quietly instituted exclusionary practices in its Prime Membership delivery program for certain ZIP codes in DC starting in 2022, while continuing to charge full subscription fees for consumers living in the “excluded” ZIP code areas.

State AGs Combat ESG: Multistate Coalition Sues BlackRock, State Street, and Vanguard for Alleged Antitrust & Consumer Violations in Coal Markets

Texas Attorney General Ken Paxton, joined by ten other Republican-led states, filed a lawsuit in the U.S. Eastern District of Texas against BlackRock, State Street, and Vanguard, accusing them of illegally conspiring to manipulate coal markets. The 104-page complaint alleges that these investment firms leveraged their substantial ownership stakes in major U.S. coal producers to “artificially” constrain the supply of coal, resulting in diminished competition, higher energy prices for consumers, and “cartel-level profits” for the defendants.

Connecticut AG Investigates Skincare Products Marketed to Kids

If you’ve been on social media lately, depending on your algorithm, you may have witnessed tween influencers touting expensive skincare routines, or commentators lamenting the rise of the Sephora Kid. Before the holiday, Connecticut AG William Tong urged parents to exercise caution regarding anti-aging skincare products that are being marketed to children and teens by influencers on social media. The AG is concerned that many of these products include ingredients that are unsuitable, or even harmful, for kids. The AG also sent a detailed inquiry 21-request “letter” (looking similar to a CID) to Sephora asking about how it markets these products to kids.

AGs Aren’t Kidding about KOSA

Led by Tennessee Attorney General Skrmetti, 32 attorneys general (AGs) sent a bipartisan letter (19 Republicans and 13 Democrats) to both houses of Congress this week, supporting the passage of the Kids Online Safety Act (KOSA). This comes after a bipartisan letter from 42 AGs to Congress in September concerning social media warning labels.

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