Hunton Retail Law Resource

The U.S. Court of Appeals for the Ninth Circuit has continued to clarify when a court can consider the back label of a product in connection with a false advertising claim.  Misleading label information is a common basis for false advertising suits, especially under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. However, in recent decisions, the court has detailed new circumstances in which a label might be saved.

In a significant move, the Federal Trade Commission (FTC) has issued its final “Click-to-Cancel” Rule aimed at streamlining the cancellation process for subscription services. This Rule is a critical development for retailers, particularly those utilizing negative option marketing—where customers are automatically enrolled in subscriptions and must actively cancel to stop payments.

We recently posted an article on Hunton’s Insurance Recovery Blog about a new Illinois Appellate Court decision that offers concrete direction for retail policyholders evaluating their exposure under the Illinois Biometric Information Privacy Act (BIPA).  

We recently posted an article on Hunton’s Privacy & Information Security Law Blog on a newly issued federal district court opinion citing that New York City’s “Consumer Data Law” violated the First Amendment and the regulation of commercial speech.  A federal judge declared the municipal law requiring food-delivery companies to share customer data with restaurants unconstitutional.

Coming on the heels of its Social Media Data Practices report, the FTC announced that it will hold a virtual workshop on February 25, 2025 examining “The Attention Economy: Monopolizing Kids’ Time Online.” The event will convene researchers, technologists, child development and legal experts, consumer advocates and industry professionals to discuss design features that keep children and teens engaged online. The topics to be covered include research relating to whether certain features lead to more engagement, the psychological and physical impacts of design features on youth well-being, and the intersection between design, well-being, and the law. The FTC is taking expressions of interest from potential panelists until November 15, 2024.