Skip to main content

Consumer Review Fairness Act of 2016: What Brands Need to Know About This New Consumer Review Law

What’s the News? Before leaving office, President Obama signed into law the Consumer Review Fairness Act of 2016 (CRFA), which protects consumers engaging in consumer reviews. The CRFA voids a contract if it prohibits or restricts an individual from reviewing a seller's goods, services, or conduct. Who is Affected? All companies that have the prohibited clauses (see below) in their consumer contracts will have to review and update these contracts for compliance with the CRFA.

FTC Settlement Shows Agency Remains Focused on “Made in USA” Claims

The Federal Trade Commission has announced a proposed settlement and consent order in its investigation of a US-based water filtration company, iSpring Water Systems, concerning that company’s representations that its products are "Proudly Built in the USA," which is considered an unqualified "Made in USA" claim that the products were all or virtually all USA-made. These representations appeared on the company’s own websites, as well as those of other online retailers who sold the products.

FDA Issues Draft Guidance on Lead Levels in Cosmetics

The US Food and Drug Administration recently issued draft guidance establishing an upper limit for lead levels in externally applied cosmetics of 10 parts per million (ppm) of lead. FDA’s upper limit lead restriction applies to lip products, such as lipsticks, lip glosses, and lip liners, and to other externally applied cosmetics, such as eye shadows, blushes, compact powders, shampoos, and body lotions.

New Version of Payment Card Information Standards Targets Recent Breach Issues

What’s the News? Following recent updates, merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard (PCI DSS), the security standard that organizations need to follow if they handle credit and debit cards from major card companies, such as Visa, MasterCard and American Express. This round of changes will be known as version 3.2 of PCI DSS, and include significant guidance and updates on hot topics such as encryption and strong credentials.

The Real Deal: Anthony Lupo and Michelle Marsh Discuss Clothing and Copyright

Exclusivity and uniqueness are the cornerstones of the fashion industry. From Louboutin’s iconic red-soled pump to Burberry’s famed trench, brands pride themselves on creating exceptional albeit timeless pieces. So what prevents a rival company from simply replicating success? Which begs the age old (and hotly debated) question – can clothing be copyrighted? The answer is anything but black and white.  

What Trump Means for the Fashion Industry

As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.  

New York Exemption Threshold Set to Increase on Dec. 31

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.

Retailers May Face False Advertising Suits Even If Consumers Learn the “Truth” Before Making a Purchase

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.  This decision will raise red flags for retailers because the customers had learned the truth about the discount’s limitations at the cash register before making their purchases.   

Ho-Ho-Ho! Retailers Beware When Advertising

Retailers should beware this holiday season – and beyond – when advertising sales using a comparison between the “original” and “sale” prices as Macy's, Sears, and JC Penney were j

Market Alterations: Anthony Lupo and Steve Birkhold Talk Retail Trends

California has been a target for shoppers across the globe long before Rodeo Drive made its debut on the big screen in Pretty Woman. Yet because many major metropolitan areas in California are sprawling and lack the densification found in most urban areas, shopping centers must have strong strategies to attract customers for reasons other than to simply shop.