Mitigating advertising risks during the COVID-19 crisis

During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false health claims about their products.

In order to mitigate litigation and regulatory risk, companies manufacturing or selling healthcare products should exercise special care in scrutinizing promotional claims that may state or imply that the products prevent or treat COVID-19, influenza, or other diseases.  Specifically, advertising … Continue Reading

Federal and state authorities warn against price gouging

In the wake of the coronavirus, some sellers of essential goods and services have tried to greatly increase the cost of their products to take advantage of increased demand. But sellers beware: Public officials all over the country have expressed a willingness to prosecute price gougers and companies that may facilitate sales of goods with inflated prices.

Check out our detailed analysis of federal and state responses to price gouging.… Continue Reading

Coronavirus business restrictions update and links to orders

For those of you have been following our running list of state and local business restrictions here on the blog, we are happy to report that we have been upgraded to a dedicated website. And with our upgrade comes an added feature–links to the state and local orders we are discussing. Please continue to follow us there (we will also keep updating the blog, but it is not nearly as fancy).

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UPDATE: business restrictions and limitations

To say the least, it was a tumultuous weekend. We have updated our coronavirus business restrictions and limitations table, including our first “Hunker Down” order. We anticipate rapid and frequent changes over the next several days, and we will do our best to keep up-to-date.

We also would love for you to join us this Tuesday, March 24 at 9 AM PDT for a webinar to discuss updates on these state and local activities, with a focus on the orders issued in California, New York, Illinois, and Texas, as well as our insights into interpreting these orders and the … Continue Reading

“Stay at Home” and “Shelter in Place” restrictions grow; updated business restrictions table

We continue to update our list of state and local business restrictions and limitations as quickly as we can given the rapidly changing landscape.

As of Friday night, “Stay at Home” and “Shelter in Place” orders continue to proliferate, as Connecticut and Illinois have joined California and New York. In general, under these orders, the public is required to stay at home except for essential activities, and all “non-essential” business must cease public or in-person operations. Remote working is permitted.

“Essential” businesses are set forth in detail in each order, but they largely seek to encompass the business sectors set … Continue Reading

UPDATED: Coronavirus restrictions and limitations

We have just finished a big update of our ongoing coronavirus tracker, which includes California’s stunning “Stay-at-Home” order just issued this evening. We will continue to monitor state and local restrictions nationwide, incorporating them each day.

Stay safe and healthy! Consider a Friday “Quarantini” and a virtual Happy Hour!

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Coronavirus business restrictions and limitations

Please visit our new State and Local Restrictions webpage for updated information: https://www.nortonrosefulbright.com/en/knowledge/publications/52aa88af/covid-19-and-us-response-a-state-by-state-overview.

In light of the growing number of state and local restrictions and limitations, we thought it would be helpful to publish an informal list of mandates as we become aware of them. We will do our best to update the list as we learn of new requirements, but we caution that this list should only be considered a starting point. Many of the state and local requirements have exceptions (e.g., for “essential” vs. “non-essential” businesses) that require a closer look, and the states and localities with requirements … Continue Reading

What to expect from CPSC (at least for a little while)

Today at the International Consumer Product Health & Safety Organization annual meeting, U.S. Consumer Product Safety Commission Acting Chairman Bob Adler delivered the keynote address. Adler provided some insight into his priorities for the Commission for the foreseeable future, recognizing that he is currently the Acting Chairman and a Democrat—with the presidential election coming in November, it is unclear how much longer he will be in this role. Overall, he intends to focus on providing stability to the Commission for however long he is the Acting Chairman. Beyond this,  here is a rundown of his comments and his specific … Continue Reading

Class actions against CBD companies proliferate under federal and state law

On the heels of FDA sending out a tranche of warning letters to sellers of cannabidiol (CBD) products, enterprising plaintiffs lawyers have filed a spate of consumer class actions over these types of products. The complaints put forth a number of different theories tied to the current illegality of these products due to FDA regulation. These include allegations that companies:

  • misled consumers by marketing their products as dietary supplements,
  • inaccurately listed CBD dosages or product content; and
  • made unsubstantiated claims about CBD’s ability to treat, prevent, or cure human disease.

Is it worth the risk?

Hemp-derived CBD was legalized in … Continue Reading

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