Consumer Products Law Watch | Legal issues, law and regulations concerning the world of consumer products.

K&L Gates’ Verticals Predictions for 2023: Top Trends, Opportunities and Pitfalls

Jan 12 2023

By: Gabriela da Costa, Jennifer P.M. Marsh, Dr. Annette Mutschler-Siebert, M. Jur. (Oxon), Francesco Carloni, Michal Kocon, Nikolaos Peristerakis

It has now been six months since the new vertical distribution laws came into effect in the European Union (EU) and United Kingdom (UK). With many consumer brands starting 2023 looking for ways to shore up their resilience and profitability in a challenging market, our EU and UK Antitrust and Competition Law team has jotted down our thoughts on the trends that have gained the most traction under the new rules, big opportunities up for grabs, and lessons learned on pitfalls to avoid.

Breakthrough FDA Decision: Agency Completes Its First Pre-Market Consultation for Human Food Made From Cultured Animal Cells

Jan 05 2023

By: Natalie Rainer, Alexa Sengupta

On 16 November 2022, the U.S. Food and Drug Administration (FDA) announced that it had completed its first pre-market consultation for “human food made from cultured cells,” also known as “cell-based” foods.[1] “Human food made from cultured animal cells” refers to growing animal cells in a controlled environment to produce food without sacrificing animals.[2]

Over a Fortnite: Epic Games to Pay Record US$520 Million to Settle FTC Claims of Children’s Privacy Violations and Digital Dark Patterns, Which Continued for Years

Dec 28 2022

By: Katie Staba and Desirée Moore

The Federal Trade Commission (FTC) has reached its largest administrative settlement to date: US$245 million. The proposed settlement is with Epic Games, Inc. (Epic Games), the company that developed and offers the multiplayer, online game Fortnite, and stems from Epic Games’ unlawful collection of personal information and illegal use of digital dark patterns to bill Fortnite users for unintentional in-game purchases. In total, Epic Games will be responsible for US$520 million, which includes a US$275 million penalty.

FTC and NLRB Enter into an Information Sharing Agreement as a Likely Precursor to New Enforcement Activity

Dec 20 2022

By: Gene Ryu, Katie Staba & Jonathan Rue

In light of the NLRB’s recent change to independent contractor rules, recent midterm elections and a focus on workers’ rights on many ballots, this article revisits an agreement between agencies that went largely unnoticed earlier this year.

FDA Proposes Updates to Regulatory Definition of “Healthy” for the First Time Since 1994

Oct 18 2022

By: Natalie Rainer, Alexa Sengupta

The U.S. Food and Drug Administration (FDA) has issued a proposed rule (“Proposed Rule”)[1] that updates the definition of the “healthy” nutrient content claim under 21 C.F.R. § 101.65(d) for the first time since its issuance in 1994. The Proposed Rule, published on September 29, 2022, notes that “nutrition science has evolved since the 1990s” and that the proposed changes are intended to make the regulation “consistent with current nutrition science and Federal dietary guidance.”[2]